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2016-56 Sidewalk Replacement ContractRESOLUTION 2016 -56 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA APPROVING A CONTRACT AWARD TO M & M ASPHALT MAINTENANCE, INC. D /B /A ALL COUNTY PAVING FOR SIDEWALK REPAIR AND REPLACEMENT SERVICES PURSUANT TO PRICING ESTABLISHED IN AN EXISTING CONTRACT FOR GENERAL ROADWAY AND MISCELLANEOUS CONSTRUCTION WITH THE CITY OF WEST PALM BEACH AND AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE THE CONTRACT ON BEHALF OF THE VILLAGE; AUTHORIZING AND DIRECTING THE MAYOR AND VILLAGE CLERK TO AMEND THE CAPITAL PROJECTS FUND BUDGET TO TRANSFER $25,000.00 FROM THE CAPITAL RESERVE ACCOUNT TO THE STREETS AND GROUNDS — CONSTRUCTION AND MAJOR RENOVATION CAPITAL ACCOUNT; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Village wishes to proceed with the repair and replacement of residential sidewalks; and WHEREAS, Village Administration recommends that a contract be awarded to M & M Asphalt Maintenance, Inc. d /b /a All County Paving pursuant to pricing established in an existing contract with the City of West Palm Beach for General Roadway and Miscellaneous Construction (ITB No. 14 -15 -134); and WHEREAS, the Village Council seeks to amend the current fiscal year capital projects fund budget to transfer $25,000.00 from the Capital Reserve Account to the Streets and Grounds — Construction and Major Renovation Capital Account to fund the project; and WHEREAS, the Village Council determines that the adoption of this Resolution is in the best interests of the Village. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA as follows: Section 1. The foregoing recitals are ratified as true and incorporated herein. Section 2. The Village Council hereby approves a Contract with M & M Asphalt Maintenance, Inc. d /b /a All County Paving for the repair and replacement of residential sidewalks pursuant to pricing established by an existing contract with the City of West Palm Beach for General Roadway and Miscellaneous Construction (ITB 14 -15 -134) and authorizes the Mayor and Village Cleric to execute the Contract on behalf of the Village, a copy of which is attached hereto and incorporated herein. The total cost of this Contract shall not exceed $25,000.00, with funds expended from Account No. K7321 -66210 (Streets and Grounds — Construction and Major Renovation). Page 1 of 2 Section 3. In order to fund this expenditure, the Village Council hereby approves an amendment to the current fiscal year budget for the transfer of fiends as indicated below: Budget Amendment: Account Description Use Source Capital Projects Fund: K7321 -66210 Streets & Grounds — Construction & Major Renovation $25,000.00 K5541 -66000 Reserve Expenses - Capital $25,000.00 Total Capital Projects Fund: 1 $25,000.00 $25,000.00 Section 4. The Mayor and Village Clerk are hereby authorized and directed to execute the budget amendment for and on behalf of the Village of North Palm Beach. Section 5. This Resolution shall take effect ii PASSED AND ADOPTED THIS 8' DAY OF (Village Seal) ATTEST: VILLAGE CLERK Page 2 of 2 CONTRACT This Contract is made as of this _ 5 ,M day of S 1 �Wd &2016, by and between the VILLAGE OF NORTH PALM BEACH, 501 U.S. Highway One, North Palm Beach, Florida 33408, a Florida municipal corporation (hereinafter "VILLAGE "), and M & M ASPHALT MAINTENANCE, INC. DB /A ALL COUNTY PAVING, 1180 S.W. 10th Street, Delray Beach, Florida 33444, a Florida corporation (hereinafter "CONTRACTOR "), whose F.E.I. Number is 61- 1595442. RECITALS WHEREAS, the VILLAGE is in need of a contractor for the repair and replacement of residential sidewalks; and WHEREAS, the City of West Palm Beach, through its competitive selection process, awarded an Annual Contract for General Roadway and Miscellaneous Construction (ITB No. 14 -15 -134) ( "WPB Contract ") to CONTRACTOR; and WHEREAS, the VILLAGE requested that the CONTRACTOR provide residential sidewalk replacement and repair services based on pricing established in the WPB Contract; and WHEREAS, the VILLAGE desires to retain CONTRACTOR's services by piggy- backing the WPB Contract, including all terms, conditions and pricing set forth therein. NOW THEREFORE, in consideration of the mutual promises set forth herein, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows: 1. Recitals. The parties agree that the recitals set forth above are true and correct and are fully incorporated herein by reference. 2. WPB Contract. The City of West Palm Beach's Annual Contract for General Roadway and Miscellaneous Construction (ITB No. 14 -15 -134) with CONTRACTOR, attached hereto as Exhibit "A," is hereby expressly made a part of this Contract as fully as if set forth at length herein. 3. CONTRACTOR's Services. In accordance with the terms and conditions of the WPB Contract and at the direction of the VILLAGE, CONTRACTOR shall provide residential sidewalk replacement and repar services at a total cost not to exceed $25,000.00. The services to be provided by CONTRACTOR shall be commenced subsequent to the execution and approval of this Contract by the VILLAGE and upon written notice from the VILLAGE to CONTRACTOR to proceed. 4. Conflict of Terms and Conditions. Conflicts between documents shall be resolved in the following order of precedence: A. This Contract B. Exhibit "A" (WPB Contract) Page 1 of 5 5. Compensation to CONTRACTOR. Payments by the VILLAGE to CONTRACTOR under this Contract shall not exceed the amount of compensation stated in Section 3 above without prior written consent of the VILLAGE. CONTRACTOR shall submit invoices to the VILLAGE for review and approval by the VILLAGE's representative, indicating that goods and services have been provided and rendered in conformity with this Contract, and they then will be sent to the Finance Department for payment. Invoices will normally be paid within thirty (30) days following the VILLAGE representative's approval. CONTRACTOR waives consequential or incidental damages for claims, disputes or other matters in question arising out of or relating to this Contract. In order for both parties herein to close their books and records, CONTRACTOR will clearly state "final invoice" on CONTRACTOR's final /last billing to the VILLAGE. This certifies that all goods and services have been properly performed and all charges have been invoiced to the VILLAGE. Since this account will thereupon be closed, any and other further charges if not properly included in this final invoice are waived by CONTRACTOR. The VILLAGE will not be liable for any invoice from CONTRACTOR submitted thirty (30) days after the provision of all goods and services. 6. Period and Renewals. This Contract shall be for the term as indicated in the WPB Contract. Extensions or renewals to the WPB Contract or any modification including new products, terms, or price changes to the WPB Contract shall be submitted by CONTRACTOR to the VILLAGE for approval. In the event the WPB Contract expires and no new contract is let by the WPB, VILLAGE reserves the right, upon written agreement with CONTRACTOR to renew this Contract under the same terms and conditions for an additional period of one (1) year. 7. Insurance. CONTRACTOR shall obtain and maintain during the term of this Contract all insurance required under the WPB Contract, with the VILLAGE named as an additional insured. 8. Indemnification. A. To the fullest extent permitted by applicable laws and regulations, CONTRACTOR shall indemnify and save harmless and defend the VILLAGE, its officials, agents, servants, and employees from and against any and all claims, liability, losses, and /or causes of action arising out of or in any way related to the services furnished by CONTRACTOR pursuant to this Contract, including, but not limited to, those caused by or arising out of any act, omission, negligence or default of CONTRACTOR and /or its subcontractors, agents, servants or employees. B. CONTRACTOR shall not be required to indemnify the VILLAGE, its officials, agents, servants and employees when the occurrence results solely from the wrongful acts or omissions of the VILLAGE, its officials, agents, servants and employees. The terms of this Section shall survive completion of all services, obligations and duties provided for in this Contract as well as the termination of this Agreement for any reason. C. Nothing contained in this Contract shall create a contractual relationship with or a cause of action in favor of a third party against either the VILLAGE or CONTRACTOR, nor shall this Contract be construed a waiver of sovereign immunity beyond the limited waiver provided in § 768.28, Florida Statutes. Page 2 of 5 9. Compliance with all Laws, Regulations and Ordinances. In performing the services contemplated by this Contract, CONTRACTOR shall obtain all required permits and comply with all applicable federal, state and local laws, regulations and ordinances, including, but by no means limited to, all requirements of the Village Code and the Florida Building Code. 10. Warranty /Guaranty. Unless a longer period is stated in the WPB Contract, CONTRACTOR warrants that its goods and services provided under this Contract will be free of defects in materials and workmanship for a period of one (1) year following delivery and completion of those goods and services. 11. Miscellaneous Provisions. A. Failure of a party to enforce or exercise any of its right(s) under this Contract shall not be deemed a waiver of that parties' right to enforce or exercise said right(s) at any time thereafter. B. This Contract shall be governed by the laws of the State of Florida. Any and all legal action necessary to enforce the Contract will be held in Palm Beach County. No remedy herein conferred upon any party is intended to be exclusive of any other remedy, and each and every such remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute or otherwise. No single or partial exercise by any party of any right, power, or remedy hereunder shall preclude any other or further exercise thereof. C. If any legal action or other proceeding is brought for the enforcement of this Contract, or because of an alleged dispute, breach, default or misrepresentation in connection with any provisions of this Contract, the successful or prevailing party or parties shall be entitled to recover reasonable attorney's fees, court costs and all expenses (including taxes) even if not taxable as court awarded costs (including, without limitation, all such fees, costs and expenses incident to appeals), incurred in that action or proceeding, in addition to any other relief to which such party or parties may be entitled. D. If any term or provision of this Contract, or the application thereof to any person or circumstances shall, to any extent, be held invalid or unenforceable, to remainder of this Contract, or the application of such terms or provision, to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected, and every other term and provision of this Contract shall be deemed valid and enforceable to the extent permitted by law. E. All notices required in this Contract shall be sent by certified mail, return receipt requested, and sent to the addresses appearing on the first page of this Contract. F. The VILLAGE and CONTRACTOR agree that this Contract sets forth the entire agreement between the parties, and that there are no promises or understandings other than those stated herein. None of the provisions, terms and conditions contained in this Contract may be added to, modified, superseded or otherwise altered, except by written instrument executed by the parties hereto. Any provision of this Contract which is of a continuing nature or imposes an obligation which extends beyond the term of this Contract shall survive its expiration or earlier termination. Page 3 of 5 G. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: (561) 841 -3355; NPBCLERK@VILLAGE- NPB.ORG; OR 501 U.S. HIGHWAY ONE, NORTH PALM BEACH, FL 33408. In performing services pursuant to this Contract, CONTRACTOR shall comply with all relevant provisions of Chapter 119, Florida Statutes. As required by Section 119.0701, Florida Statutes, CONTRACTOR shall: (1) Keep and maintain public requires required by the VILLAGE to perform the service. (2) Upon request from the VILLAGE's custodian of public records, provide the VILLAGE with a copy the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes, or as otherwise provided by law. (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the Contract term and following completion of the Contract if the CONTRACTOR does not transfer the records to the VILLAGE. (4) Upon completion of the Contract, transfer, at no cost, to the VILLAGE all public records in possession of CONTRACTOR or keep and maintain public records required by the VILLAGE to perform the services. If CONTRACTOR transfers all public records to the VILLAGE upon completion of the Contract, CONTRACTOR shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If CONTRACTOR keeps and maintains public records upon completion of the Contract, CONTRACTOR shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the VILLAGE, upon request from the VILLAGE's custodian of public records, in a format that is compatible with the information technology systems of the VILLAGE. H. CONTRACTOR is aware that the Inspector General of Palm Beach County has the authority to investigate and audit matters relating to the negotiation and performance of this Contract, and in furtherance thereof, may demand and obtain records and testimony from CONTRACTOR and its subcontractors. CONTRACTOR understands and agrees that in addition to all other remedies and consequences provided by law, the failure of CONTRACTOR or its subcontractors to fully cooperate with the Inspector General when requested may be deemed by the VILLAGE to be a material breach of the Contract justifying termination. [Remainder of page intentionally blank] Page 4 of 5 IN WITNESS WHEREOF, the VILLAGE and CONTRACTOR hereto have made and executed this Contract as of the day and year first above written. M & S HALT NTENANCE, INC. D /B /A ALL COUNTY PAVING B. Print ame: ' 1 k hd `- Position: Re Ael(A+ VILLAGE OF NORTH.PACM BEACH MAYOR ATTEST: BY: MELISSA TEAL VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY: VILLAGE ATTORNEY Page 5 of 5 CiTlf'$ ORIGINAL City of West Pafm Beach CONSTRUCTION CONTRACT FOR ITB # 14 -15 -134 PROJECT # - VARIOUS GENERAL ROADWAY AND MISCELLANEOUS CONSTRUCTION CITY OF WEST PALM BEACH PUBLIC WORKS DEPARTMENT KHANH UYEN DANE, PE SENIOR PROJECT ENGINEER. 401 CLEMATIS STREET, 4T" FLOOR WEST PALM BEACH, FL 33401 (561) 494 -1040 092415 'jaam* city of West faCna Beach CONSTRUCTION CONTRACT Work Orders Bid No. 14 -15 -134 Project: General Roadway and Miscellaneous Construction Contract No. 16393 THIS CONTRACT is made and entered into by and between the CITY OF WEST PALM BEACH, a municipal corporation of the State of Florida. whose address is 401 Clematis Street, West Palm Beach, Florida 33401 (the "Owner ") and M &M ASPHALT MAINTENANCE, INC., d /b /a ALL COUNTY' PAVING, a corporation of the State of Florida, whose principal address is 1180 SW 10T11 Street, Delray Beach, Florida 33444 ( "Contractor"). WHEREAS, the Owner caused to be prepared specification, drawings and other contract documents for certain work and issued an Invitation to Bid for the above- described project, which is incorporated into this Contract by this reference; and WHEREAS, the Contractor submitted its Bid in response; and WHEREAS, the Owner determined that the Contractor's Bid represents the best value to Owner and wishes to contract with Contractor under the terms and conditions contained in the Invitation to Bid; NOW THEREFORE, in consideration of the promises and mutual covenants and obligations herein contained, and subject to the terms and conditions herein stated, the Owner and Contractor understand and agree as follows: SCOPE OF WORK. 1.1 If issued a Work Order, the Contractor shall furnish all necessary, labor, materials, equipment and supplies, and shall execute and complete, to the satisfaction of Owner and in accordance with the terms and conditions of this Contract all work described and shown in the applicable Work Order for small roadway and miscellaneous construction projects, in accordance with the technical specifications and drawings specified for such Work Order. 1.2 Owner will issue Work Orders on an as- needed basis. Each Work Order will be on Owner's form and detail the specific project scope of work, project schedule for completion and compensation. All terms and conditions of this Contract, the General Conditions and the Contract Documents will be applicable to each Work Order. 1.3 No work is authorized until a work order is fully executed by the Owner. Any amendment to a work order is not effective and not authorized until such amendment is fully executed by the Owner. 1.4 A comprehensive project shall not be broken into small related segments /projects in order to fall within the limitations of this Contract. Contractor shall not execute any such Work Order. 1.5 Work Orders shall be completed within the time indicated for each Work Order. Time is of the essence of each Work Order. Contractor shall proceed with the work and shall conform to the schedule for each Work Order. Work shall commence on the date indicated in the Notice to Proceed issued by Owner and be substantially complete and then fully complete in accordance with the Work 092415 Order schedule and the General Conditions, with such extensions of time as are provided in the General Conditions. 1.6 No Work Order may be issued for work to be completed after the expiration of this Contract. The form of Owner's Work Order is attached to this Contract. 1.7 No work order(s) or minimum amount of work or compensation is guaranteed under this Contract. 2. PRICES. Contractor shall perform the work for the prices set forth on Contractor's, Bid. If specific circumstances require additional work of materials not listed in Exhibit B, the parties shall negotiate a price which shall be detailed in the Work Order. 3. PAYMENT AND INVOICES. Payment for Work Orders shall be made in accordance with the General Conditions of this Contract. Contractor acknowledges that if a construction bond is required, payments under Work Order(s) shall not be made until consent of surety is received by Owner. Contractor shall submit individual invoices for each Work Order. Along with each invoice, Contractor will provide a copy of the Work Order, the appropriate completed Small Business participation form and any updated insurance documents (when applicable). 4. CONTRACT TERM. 4.1 Term of Contract. Subject to the termination rights of the Owner, this Contract shall have a term of three (3) years, commencing as of the of execution by the Owner. The Owner shall execute this Contract last: 4.2 Renewal. At the sole option of the Owner, this Contract may be renewed for up to two additional twelve (12) month periods. Contract renewal will only be effective upon a written contract amendment executed by both parties. Renewal terms and conditions for this Contract shall be unchanged. - 5. LIQUIDATED DAMAGES. The actual damages Owner and the public may suffer as a result of the failure to complete work under a Work Order within the scheduled time are not ascertainable at the time of this Contract. If said work under any Work Order is not substantially and then fully completed ,within the time established by the Work Order and the General Conditions, as may be adjusted, the Contractor shall be liable and hereby agrees to pay to the Owner as liquidated damages, and not as a penalty, a sum per calendar day for each and every day or part of a day thereafter that said work remains incomplete. Unless a Work Order specified otherwise, Contractor shall pay to Owner the sum of Two Hundred Dollars ($200) per calendar day as liquidated damages. 6. CONSTRUCTION BOND(S). If the estimated amount of any Work Order is $200,000 or more, then prior to the commencement of the work under such Work Order, Contractor shall record a public construction bond, in an amount not less than the total cost of such Work Order, on Owner approved forms, with the Clerk of the Court in the Public Records of Palm Beach County and provide a certified copy of the recorded bond(s) prior to commencing work and submittal of first invoice, in accordance with the General Conditions. The City shall be an obligee under such bond(s). The bond shall incorporate by reference the terms of the Contract Documents in their entirety. 7. SPECIAL TERMS. 092415 8. SMALL BUSINESS PROGRAM. 8.1 Compliance. Article IX of Chapter 66 of the City of West Palm Beach Code of Ordinances relating to the Small Business Program is incorporated in this Contract by this reference. The Contractor agrees to comply in all respects with its commitment to use the certified small businesses identified in Contractor's Bid in the manner and proportions set forth in the Bid. In the event that it is impossible or impracticable to engage or procure materials from one or more of the identified certified small businesses, the Contractor shall so notify the City's Small Business Division promptly in writing and shall thereafter ensure that that firm or firms are duly replaced by other certified small businesses unless written approval to the contrary is granted by the City. 8.2 Records. The Contractor agrees to maintain in an orderly fashion all relevant records and information that document its compliance with the Small Business Program and the utilization of and payment to certified small businesses under this Contract; and shall make said records available to the City for inspection during reasonable business hours. Copies of all contracts between the Contractor and firms engaged by it in connection herewith shall be submitted to the City upon the City's request. 9. CONTRACTOR'S UNDERSTANDING. It is understood and agreed that the Contractor has, by careful examination, satisfied himself as to the nature and location of the work, the conformation of the ground, the character, quality and quantity of the materials to be encountered, the character of the equipment and facilities needed preliminary to and during the prosecution of the work, and the general and local conditions. Execution of this Contract by the Contractor is a representation that the Contractor has visited the site, reviewed any design criteria furnished by Owner, become generally familiar with local conditions under which the Work is to be performed and correlated personal observations with requirements of the Contract Documents. Contractor deems both his inspection of the site and review of information furnished by Owner to be an adequate investigation. Contractor represents that the plans and specifications are consistent, practical, feasible and constructible within the scheduled construction time. Contractor affirmatively covenants that Contractor has observed no defects or discrepancies in the plans, specifications or site and that if during construction any discrepancies, defects, etc., are discovered by or made known to Contractor, Contractor shall immediately communicate same to the Owner. 10. ETHICS. Contractor acknowledges, agrees and commits that it shall comply with all applicable state and city rules and regulations. 11. CONTRACT DOCUMENTS. Contractor agrees to complete all work in accordance with the Contract Documents. The term "Contract" and or "Contract Documents" shall include all the terms and conditions and Project requirements contained in this Contract and the following documents, all of which taken together are incorporated herein and form the Contract Documents. For convenience sake, some of the documents may not be attached to this Contract, but the listed documents make up the Contract Documents, whether or not they are attached. a. Each Work Order and all associated Documents b. Special Terms c. Contractor's Bid d. Schedule of Bid Items e. Substitution Sheet f. Schedule of Subcontractors g. Contractor License Verification Form h. Affidavit of Prime Bidder 092415 i, Drug Free Certification j. Trench Safety Compliance Form, k. Small Business — Subcontractors Listing I. Small Business — Statement of Small Business Participation M. Small Business — Letter of Intent n. Contractor's Material Suppliers o. Public Construction Bond and Related Power of Attorney and Surety Certificate P. Insurance Certificates q. General Conditions r. Technical Specifications and Drawings S. Invitation to Bid This Contract shall be executed in two (2) original sets by Owner and Contractor. The Contract Documents are complementary, and wherever possible the provisions of the documents shall be construed in such manner as to avoid conflicts between provisions of the various documents. IN WITNESS WHEREOF, the parties execute this Contract through their duly authorized representatives. ATTEST: CITY ATTORNEY'S OFFICE Approved s form and legality By: _ ATTEST: By: _ 9',- -, C orate Secretary Print Name: lCCTC�u CITY LOFEST PALM BEACH By: Geraldine Mubi6,v Mayor Date: . 20, Contractor: M &M ASP ALT MAINTENANCE, INC d /b /a ALL PAVING By: Print Name: 1 4 it/ " , `:► 4rSF�T p� `�i F V r OR Contract No. 16393. CITY OF WEST PALM BEACH GENERAL ROADWAY CONSTRUCTION Work Order No. Contractor: M &M Asphalt Maintenance, Inc., d /b /a All County Paving Project / Work Title: 1. Work: A detailed scope of work to be performed under this Work Order is attached as Exhibit A. ❑ (check if applicable) Technical specifications and drawings for the Project prepared by dated project number (the "Contract Drawings ") describe the work and are Contract Documents for this Work Order. 2. Schedule: Time is of the essence of this Work Order, The Contractor shall commence Work under this Work Order on the date indicated in the Notice to Proceed and fully complete said Work in accordance with Exhibit Substantial Completion shall be: days from Notice to Proceed. 3. Work Order Price. The total amount to be paid to the Contractor by the Owner under this Work Order shall not exceed the sum of subject only to adjustment as provided in the General Conditions. Payments shall be made in accordance with the General Conditions. Contractor acknowledges that if a construction bond is required, final payment under this Work Order shall not be made until consent of surety is received by Owner. Contractor shall submit individual invoices for each Work Order. Along with each invoice, Contractor will provide a copy of the Work Order, the appropriate completed Small Business participation form and any updated insurance documents. ❑ (check if applicable) A detailed schedule of values is attached as Exhibit _ ❑ (check if applicable) Contingency. Owner and Contractor agree the project budget shall include an Owner's contingency, which shall be utilized in accordance with the General Conditions, sum in the amount of $ 4. Liquidated Damages. In accordance with the Contract Documents, Contractor shall be liable and hereby agrees to pay to the Owner as liquidated damages for each and every calendar day or part of a day that the work remains incomplete, the sum of ($ .00) per calendar day. 5. Construction Bond. Unless indicated below, Contractor will record the required public construction bond, on Owner forms, with the Clerk of the Court in the Public Records of Palm Beach County and provide a certified copy of the recorded bond prior to commencing work under this Work Order and submittal of first invoice. ❑ (check if applicable) Construction bond not required and Work Order Price is less than $200,000. 6. Special Terms. 7. Warranty. Contractor agrees to correct all Work found by Owner to be defective or not in conformance with the Contract Documents for a period of one year from the final certificate of occupancy for the project (or if no certificate of occupancy to be issued, within one year of substantial completion) or for such longer periods of time as may be set forth with respect to specific warranties contained in the specifications. 8. Small Business: The small business commitment for this Work Order is %. Contractor agrees to maintain in an orderly fashion all relevant records and information that evidence compliance with the Small Business program, including the utilization of, and payment to, certified small businesses under this Contract. 9. Insurance: Contractor hereby confirms that it maintains the insurance coverages required under the Contract and that certificates of insurance evidencing current policies are on file with the Owner as of the date of this Work Order. 10, Contract Reference: This Work Order shall be performed under the terms and conditions described within the master contract titled Master Contract for General Roadway and Miscellaneous Construction, dated , by and between the Owner of West Palm Beach and the Contractor named above ( "Contract "). 11. Contract Documents. Contractor agrees to complete all work in accordance with the Contract Documents. The following documents are Contract Documents with respect to this Work Order, regardless of whether they are attached: ❑ Technical Specifications and Construction Drawings and specifications identified above. ❑ Scope of Work ❑ Contractor's Bid and Schedule of Values ❑ Construction Schedule ❑ Special Terms ❑ Grant Requirements ❑ Substitution Sheet ❑ Contractor's Material Suppliers List ❑ Schedule of Subcontractors — including suppliers ❑ Trench Safety Compliance Form 2 ❑ Small Business — Statement of Small Business Participation ❑ The following Contract Documents may be found at www.citvofwpb.org /engineering/. Owner's Approved Materials List ' Owner's Engineering Standard Details CONTRACTOR: M &M ASPHALT MAINTENANCE, INC, d /b /a ALL COUNTY PAVING 0 Print Name: CITY OF WEST PALM BEACH By: Geraldine Muoi , Mayor Dater /20 3 ATTEST: City Clerk OWNER ATTORNEY'S OFFICE Approval as to form and legality By: ITB Rev. 4 -08 SECTION 2— SPECIAL TERMS �x a Rog,9r Pre -Bid Conference A pre -bid conference is scheduled to provide potential bidders the opportunity to ask questions and receive clarification concerning the project and to emphasize safety factors, hazards, or potential interference of other projects. If a pre -bid conference is scheduled, attendance is strongly encouraged. If a site inspection is scheduled it will be the only opportunity to inspect the site and attendance is recommended as no individual appointments will be made. Date: N/A Time: N/A Place: N/A Please bring your copy of the Invitation to Bid to the pre -bid conference. In accordance with the Americans with Disabilities Act, any person who believes he or she has a disability requiring the use of a special accommodation at either the scheduled site inspection, pre -bid conference or bid opening should contact the Procurement Division at 561- 822 -2100, at least five (5) days prior to the event to advise of his /her special requirements. 2. Time of Completion and Liquidated Damages. The work to be performed under this project shall commence on the date of Notice to Proceed. The work shall be substantially completed within 120 ONE HUNDRED TWENTY) calendar days after the date of such notice,, and fully completed within 180 (ONE HUNDRED EIGHTY) calendar days, with such extensions of time as are provided for in the General Terms and Conditions. If said work is not substantially completed within the specified times, the Contractor shall be liable and hereby agrees to pay to the Owner as liquidated damages, and not as a penalty, the sum of ONE THOUSAND TWO HUNDRED ($1,200) per calendar day for each and every day or part of a day thereafter that said work remains incomplete. 3. Permits and Fees. In accordance with the Public Bid Disclosure Act, the Contractor will be required to make payment to the City of West Palm Beach for following permits or licenses, impact, inspection or other fees for this Project under the Contract: (F.S. 218.80) (Permit) (Fee /Amount or calculation) Right -of -Way Permit See City website (www.cityofwpb.ora) Parking Permit (Bagging of Meters) See City website (www.cityofwpb.orq) Refer to City Website (wpb..org) for current permit fees. 4. Licenses. The Bidder will be required to have at the time of bid submittal, the following current license(s): • State of Florida General Contractor's License or Paving Contractor's License The Bidder will also be required, at the time of contract execution, to have a business tax receipt or certificate of registration, in accordance with the following: o No person, contractor or subcontractor may conduct business within the City without a business tax receipt or certificate of registration. ITB 14 -15 -134 3 ITB Rev. 4 -08 A contractor who holds a valid countywide contractor's license, in addition to a county business tax receipt shall register with the City. o Any person engaging in any business, occupation or profession within the City without a permanent business location or branch office in the City, but holding a valid and currently effective business tax receipt issued by the county or another incorporated municipality, shall be issued a certificate of registration upon registering with the business tax official. 5. Small Business Participation. In accordance with the Small Business Ordinance, the goal for Small Business participation under the contract resulting from this Invitation to Bid is 15% of the total contract value. 6. Construction Bond. If required, please refer to General Condition 11. Required YOS Not Required 7. Insurance. Please refer to General Condition 13 for insurance requirements, unless a modification to such requirements is listed below: 8. Equal Benefits Ordinance. Section 66 -9 of the City's Code of Ordinances provides that, with limited exceptions, when contracting for goods, services or construction in an amount of $50,000 or more, with persons or businesses with five or more employees that also provide benefits to employees' spouses and dependents, the city shall contract only with those persons or businesses that provide equal benefit's to employees' domestic partners. Each proposer shall submit an Equal Benefits certification with its proposal /bid 9. Other Special Conditions; The City intends to award to a Primary and Secondary Vendor(s). The award of the Primary and Secondary bidder will be determined in order of responsiveness, lowest price, and consideration of bidder's bid package with reference to conforming of bid, deviations (if any,) bidder's notes, materials proposed, along with bidder's qualifications, adequate organization, and personnel to ensure prompt and efficient performance of work to the City. If the Primary bidder is not able to supply the product /material in question, the City will contact the Secondary bidder accordingly. ITB 14 -15 -134 4 s � WEST PALM BEACH 401 Clematis Street, 5th Floor West Palm Beach, FL 33401 Telephone: (561) 822 -2100 Telefax: (561) 822 -1564 General Roadway and Miscellaneous Construction Addendum 1 ITB 14.15 -134 July 17, 2015 r Each recipient of this Addendum acknowledges all of the provisions set forth in the Invitation to Bid (ITB) and agrees to be bound by the terms thereof. This addendum shall modify, clarify, change or add information and become part of the above referenced ITB. This Addendum shall provide the following information: • Questions and Answers • Revised schedule of bid items • Revised technical specifications The following documents are included with this addendum: • Addendum 1 ITB 14 -15 -134 • Addendum 1 ITB 14 -15 -134 Revised Schedule of Bid Items Questions and Answers Question 1: Do contractors have to provide pricing on all items or can items be marked N/A if the the contractor is not providing a quote? Answer Pricing must be provided for all items. Question 2: How will the City determine the low bid as there is no total of bid items? Answer This is a line item bid and the City's award decisions are based on the response or responses determined to be the best value. Question 3: How will the award decision be made if not based on lowest bid? Answer Depending on the number of responses and bid prices multiple awards may be made. Awards will be based on the best value to the City as determined by review and analysis of the submitted prices for each line item. Question 4: How will the City award work from the annual contract? Answer Work Orders will be issued for this contract. Addendum 1 14 -15 -134 Page 1 of 4 Question 5: Please clarify- line item 88 — Root Removal /Pruning. Is this one tree or all possible trees? Answer The line item refers to all trees. Question 6: Please clarify line item 95 — Adjust Irrigation. Answer The line item is to adjust irrigation system in existing planter boxes or tree grates. Question 7: Has the City reduced the required paperwork for work orders and pay requests? How many forms are required for work orders and pay requests for this project? Answer For the typical work order the pay request includes the following items: 1. Work order form 2. Scope of work 3. Fee proposal 4. Statement of small business participation form 5. Letter of intent 6. Schedule of contractors 7. Drug free certificate 8. Contractor's materials suppliers 9. Certificate of insurance 10 Bond Per Section 10.5 in the GC and the subcontractor utilization report. 105 . Initial Payment. Prior to submittal of its initial payment request, Contractor shall have submitted the following items to the Engineer /Architect and Owner: 1. Certified copies of the Performance and Payment bonds, or Public Construction bond, recorded in the public records. 2. List of subcontractors and suppliers 3. Project schedule 4. Schedule of values 5. All current certificates of insurance 6. Designation of Contractor's Project Manager Addendum 1 14 -15 -134 Page 2 of 4 The following section is removed from the Technical Specifications X _ASPHALTIC CONCRETE PAVEMENT (BY THICKNESS AND TYPE 8-1. S -3 OR SUPERPAVE) Method of Measurement. The quantity to be paid for under this Section shall be per square yard (SY) of asphalt surface course and shall Include all labor, material, and equipment required to construct the base layer and the final surface course as shown on the plan view and detail drawings The unit prices shall include compensation for multiple mobilizations, labor, materials, and equipment required to construct the new asphalt concrete base and surface courses, The contract unit price shall also include other miscellaneous work required to complete the work in accordance with Florida Department of Transportation Standard Specifications for Roatl and Bridge Construction, latest edition and the City of West Beach specifications. This unit price shall also Include all necessary labor, materials, and equipment to adjust the valve Boxes, manholes, rims, inlets, or other fixtures to final grade, transitions to existing pavement, milling existing asphalt at tie -ins, tack coating, compaction, rolling, brooming, sawcutting and any other work required to complete the work 01025 -39 2 Basis of Payment: Payment shall be at the Contract Unit Price per square yard of pavement installed to the limits shown on the plans or as directed by the Engineer in the field during construction. Y. 100 LIMEROCK BASE Method of Measurement. The quantity to be paid for under this Section shall be per square yard (SY) for limerock base installed and accepted. The Contract Unit Price shall include compensation for all labor, materials, and equipment required to construct the new lime rock base, including prime coat in accordance with the plans and specifications. The contract unit price shall also Include other Miscellaneous work required to correct all defective surfaces and deficient thicknesses and to complete the Work in accordance with Florida Department of Transportation Standard Specifications for Road and Bridge Construction, latest edition and the City of West Beach specifications The Contractor may, at no additional cost to the City of West Palm Beach, substitute 10- Inch crushed concrete In lieu of limerock provided that the minimum LBR 100 is achieved. 2 Basis of Payment: Payment shall be at the Contract Unit Price per square yard of Iimeroch base Installed to the limits shown on the plans or as directed by the Engineer in the field during construction. All of the other information remains the same. Addendum 1 14 -15 -134 Page 3 of 4 Proposers must acknowledge receipt of this Addendum 1 in the space provided below. This Addendum forms an integral part of the ITB documents and therefore must be executed. Failure to return this addendum with your proposal submittal may be cause for disqualification. Issued By: City of West Palm Beach Procurement Division July 17, 2015 Signed By: tr4DrmLstrong Pai i Sr. Purchasing Agent PROPOSER: W\ A M Rst6j'� Aril Pnn�(e Signed By: 'jiG Print Name: Yew:h Title•'fi°� t I Date: End of Addendum 1 Addendum 1 14.15 -134 Page 4 of 4 MV °��' A ` City of West glafm (Beach (B3) V,1.51 PRI1,A GEi4CN Schedule of Bid Items ITB 14 -15 -134 PROJECT TITLE: General Roadway and Miscellaneous Construction Item No. Item Description Unit Cost Units GENERAL 1 Mobilization LS 2 Maintenance of Traffic LS 3 Bonding LS 4 Insurance LS 5 Construction Permits: (Allowance) AL 6. Vehicle Towing Allowance AL ROADWAY 7 Reclaimed Asphalt Base Course (Up to 1011) SY 8 Asphalt Emulsion for Reclamation (Asphalt Treated Base) GAL 9 Saw Cut Existing Concrete /Pavement up to 12" deep LF 10 Concrete Road Base Removal up to 12" deep SY 11 lExcavation, Removal & Disposal of excess material Cy 12 Mill Existing. Asphalt (up to 2 ") SY 13 Mill Existing Asphalt (2 " -4 ") SY 14 Asphalt & Base Removal, up to 24" SY 15 12" Compacted, Stabilized Subbase SY 16 FDOT Optional Base Group 4 Ton 17 FDOT Optional Base Group 6 Ton 18 FDOT Optional Base Group 9 Ton 19 Type SP -9.5 Asphaltic Concrete Ton 20 Type SP -12.5 Asphaltic Concrete Ton 21 lRemoval and Disposal of Old Guardrail LF 22 1 Reset Guardrail LF 23 Furnish & Install Guardrail, Steel Beam, Double Face, Incl Hardware LF 24 Furnish & Install Guardrail, Steel Beam, Straight Panel, Incl Hardware LF 25 Furnish & Install Aluminum Handrail per FDOT Specification LF Addendum 1 ITB 14 -15 -134 Page 1 of 4 Utilities 26 Adjust Existing Manhole Top to Grade EA 27 Install New Manhole Top with Ring and Cover to Grade (remove and dispose of existing) EA 28 Adjust Type "A" Inlet to Grade EA 29 Remove and Replace Type "A" Inlet EA 30 Install New Type "A" Inlet EA 31 Adjust type "C" Inlet to Grade EA 32 Remove and Replace Type "C" Inlet EA 33 Install New "C" Inlet EA 34 Remove and Replace Type P -5 (FDOT) Inlet EA 35 Remove and Replace Type P -6 (FDOT) Inlet EA 36 New Type P -5 FDOT Inlet EA 37 New Type P -6 FDOT Inlet EA 38 1 Install New Water Valve box (remove and dispose of existing) EA 39 Adjust Water Valve Box EA 40 Remove and Replace Watec.Meter Box, Single (City standard) EA 41 Remove and Replace Water Meter Box, Double (City standard) EA 42 Remove and Replace Electrical Pull Boxes with "New Basis" Model PBC111812T02 or an Approved Equivalent EA 43 Install Electrical Pull Boxes, "New Basis" Model PBC111812TO2 or an Approved Equivalent EA 44. Remove & Replace Traffic Signal Loops/Wirlgg (Per PBC Standard) At.E,ost 45 Stamped, Colored Concrete (6" thick) SY 46 iPaver Brick (traffic rated) SY 47 Remove and Replace Paver Brick (traffic rated) SY 48 1 Speed Humps, Stamped Asphait(up to 100SY), primed and painted SY CONCRETE 49 Concrete Removal up to 6" thick SY 50 4" Concrete Sidewalk SY 51 6" Concrete Pathway /Driveway SY 52 Concrete ADA Curb Ramp with detectable warning surface (FDOT standard) EA 53 16 " ADA Compliant Detectable Warning Pavers Ramp EA 54 6" ADA Compliant Ramp with Armor -Tile Tactile System or an approved equivalent EA 55 Remove Concrete Curb All Type include asphalt restoration and sawcut LF 56 Concrete Curb Type "D" LF 57 Concrete Curb Type "F" LF 58 Concrete Header Curb (up to 12" X12 ") LF 59 Modified Concrete Curb LF 60 Concrete Valley Gutter LF Addendum 1 ITB 14 -15 -134 Page 2 of 4 STRIPING & SIGNAGE 61 6" Solid White Thermoplastic Striping LF 62 6" Skip White Thermoplastic Striping LF 63 6" Solid Yellow Thermoplastic Striping LF 64 6" Skip Yellow Thermoplastic Striping LF 65 6" Double Yellow Thermoplastic Striping LF 66 12" Solid White Thermoplastic Striping LF 67 18" Solid White Thermoplastic Striping LF 68 18" Solid Yellow Thermoplastic Striping LF 69 24" Solid White Thermoplastic Striping LF 70 Ispeciai Pavement Message: ARROW (single and double) Thermoplastic EA 71 Special Pavement Message: MERGE, ONLY, R/R, SCHOOL, SHARROW, Thermoplastic EA 72 Furnish and Install Single Sign Post AS 73 Relocate Sign and Post AS 74 6" White Temporary Striping Paint LF 75 16" White Temporary Striping Plastic Tape LF 76 6" Yellow Temporary Striping Paint LF 77 6" Yellow Temporary Striping Plastic Tape LF 78 Retro - Reflective Pavement Markers (RPMs) All colors EA LANDSCAPING 79 Bio- Barrier (12" wide) LF 80 Bio - Barrier (19.5" wide) LF 81 Sodding (Floratam) SY 82 Sodding (Bahia) SY 83 lTop Soil (3" Thick) SY 84 Red Designer Mulch (3") SY 85 Root Removal /Pruning AL 86 Tree Removal (up to 12" Diameter) EA 87 Seeding SY 88 IStump Removal up to 18" Diameter, Including Roots EA 89 IStump Removal up to 36" in Diameter, Including Roots EA 90 Tree Removal up to 18" in Diameter, Incl. Roots EA 91 Tree Removal up to 36" in Diameter, Incl. Roots EA 92 Adjust irrigation AL 93 Regrade Swales SY J" Highlighted items will not be evaluated Bidder Company Name: Signature of Official authorized to bind Bidder Print Name Title Date Failure to fully complete and sign this Bid Form may result in rejection of the Bid Addendum 1 ITB 14 -15 -134 Page 3 of 4 *BIDDERS: THE CITY HAS PROVIDED AN ELECTRONIC SPREADSHEET FOR BID ITEM TABULATION. IT IS MANDATORY THAT ALL BIDDERS PROVIDE BOTH A SIGNED PAPER BID TABULATION AND ELECTRONIC BID TABULATION. THE ELECTRONIC BID TABULATION SHALL BE SUBMITTED WITH THE PAPER BID TABULATION BY MEANS OF COMPACT DISC, FLASH DRIVE, OR OTHER DIGITAL DATA STORAGE DEVICE. PAPER BID TABULATION AND ELECTRONIC BID TABULATION SHALL BE MATERIALLY CONSISTENT AND CONTAIN THE SAME INFORMATION. IN CASE OF DISCREPANCY, THE SIGNED PAPER BID TABULATION SHALL PREVAIL. FAILURE TO SUBMIT AN ELECTRONIC COPY/VERSION OF THE PROVIDED BID TABULATION MAY BE CAUSE FOR REJECTION OF THE BID. Addendum 1 ITB 14 -15 -134 Page 4 of 4 Aw WEST PALM BEACH f'Ljl(ha<ule OepaItInei II 401 Clematis Street, 5th Floor West Palm Beach, FL 33401 Telephone: (561) 822 -2100 Telefax; (561) 822 -1564 General Roadway and Miscellaneous Construction Addendum 2 ITB 14- 15.134 July 22, 2015 Each recipient of this Addendum acknowledges all of the provisions set forth in the Invitation to Bid (ITB) and agrees to be bound by the terms thereof. This addendum shall modify, clarify, change or add information and become part of the above referenced ITB. This Addendum shall provide the following information: Questions and Answers n Revised Section 2 Special Terms Revised Form B2 The following documents are included with this addendum: • Addendum 2 ITB 14 -15 -134 • Addendum 2 ITB 14 -15 -134 Revised Section 2 — Special Terms • Addendum 2 ITB 14 -15 -135 Revised Form B2 Questions and Answers Question 1: Is a bid bond required for this project? Answer No, a bid bond is not required. Bonding may be required for work orders issued for this contract. Question 2: Regarding Section 2 — Special Terms, Item 1, Time of Completion and Liquidated Damages. How will the contract time and fines be applied to the contract? Answer The time of completion dates are removed from the bid documents. Timing for substantial and final completion will be included on the work orders issued for individual projects. Liquidated damages will be calculated at 25% of each work order amount. Question 3: What dollar amount is to be used on Form 62? Answer No dollar amount is expected as this is a line item bid. There is a note on the form to refer to the list of bid items on Form B3. Addendum 2 14 -15 -134 Page 1 of 3 Question 4: What dollar amount is to be used on the list of subcontractors on Form B5? Answer No dollar amount is expected at this time and the field can be completed with TBD. The dollar amount will be included on the work order issued for a specific project. Question 5: How should suppliers for materials and dollar amounts be listed on Form B15? Answer Form 1315 can be left blank or marked TBD at this time; the information will be completed when a work order is issued for a specific project. Question 6: How should contractors respond to the allowance items on Form B? Should they be left blank or marked TBD? Answer The allowance items and lump sum items can be marked TBD for the bid response. Question 7: How should contractors provide SBE percentages when the quantities and value of the project(s) are unknown? Answer Include the names of your SBE team and mark the percentage fields as TBD. Contractors will be expected to meet the SBE goal for the projects assigned via work order. All of the other information remains the same. Addendum 2 14 -15 -134 Page 2 of 3 Proposers must acknowledge receipt of this Addendum 1 in the space provided below. This Addendum forms an integral part of the ITB documents and therefore must be executed, Failure to return this addendum with your or000sal submittal may be cause for disqualification. Issued By: City of West Palm Beach Signed B; Procurement Division July 22, 2015 PROPOSER: NAI�\ O -AA I - MCW6 pJ3"Ce. Signed By 2 - Tk Print Name: Title: _Vfes'Apt Date: End of Addendum 2 Addendum 2 14.15 -134 Page 3 of 3 ITB Rev. 4 -08 04`�p,yyryry , SECTION 2 - SPECIAL TERMS �4 ORiQ� 1. Pre-Bid Conference A pre -bid conference is scheduled to provide potential bidders the opportunity to ask questions and receive clarification concerning the project and to emphasize safety factors, hazards, or potential interference of other projects. If a pre -bid conference is scheduled, attendance is strongly encouraged. If a site inspection is scheduled it will be the only opportunity to inspect the site and attendance is recommended as no individual appointments will be made. Date: N/A Time: NIA Place: N/A Please bring your copy of the Invitation to Bid to the pre -bid conference. In accordance with the Americans with Disabilities Act, any person who believes he or she has a disability requiring the use of a special accommodation at either the scheduled site inspection, pre -bid conference or bid opening should contact the Procurement Division at 561- 822 -2100, at least five (5) days prior to the event to advise of his /her special requirements. 2. Time of Completion and Liauidated Damages. The work to be performed under this project shall commence on the date of Notice to Proceed. The work shall be substantially completed within "' -.�-ON HUNDRED :nA9Eh11P0- TBD calendar days after the date of such notice, and fully completed within 180 (ONE HUNDRED EIGHTY) TBD calendar days, with such extensions of time as are provided for in the General Terms and Conditions. If said work is not substantially completed within the specified times, the Contractor shall be liable and hereby agrees to pay to the Owner as liquidated damages, and not as a penalty, the sum of OM T-140USAIN'r-1 :MAf0_ HUNDRED ($1,200) TBD per calendar day for each and every day or part of a day thereafter that said work remains incomplete. 3. Permits and Fees, In accordance with the Public Bid Disclosure Act, the Contractor will be required to make payment to the City of West Palm Beach for following permits or licenses, impact, inspection or other fees for this Project under the Contract: (F.S. 218.80) (Permit) (Fee /Amount or calculation) Right -of -Way Permit See City website (www.citvofwpb.org) Parking Permit (Bagging of Meters) See City website (www.citvofwpb.ora) Refer to City Website (wpb.org) for current permit fees. 4. licenses. The Bidder will be required to have at the time of bid submittal, the following current license(s): State of Florida General Contractor's License or Paving Contractor's License The Bidder will also be required, at the time of contract execution, to have a business tax receipt or certificate of registration in accordance with the following: e No person, contractor or subcontractor may conduct business within the City without a business tax receipt or certificate of registration, ITB 14 -15 -134 ITB Rev. 4 -08 • A contractor who holds a Valid countywide contractor's license, in addition to a county business tax receipt shall register with the City. 0 Any person engaging in any business, occupation or profession within the City without a permanent business location or branch office in the City, but holding a valid and currently effective business tax receipt issued by the county or another incorporated municipality, shall be issued a certificate of registration upon registering with the business tax official. 5. Small Business Participation. In accordance with the Small Business Ordinance, the goal for Small Business participation under the contract resulting from this Invitation to Bid is 15% of the total contract value. 6. Construction Bond. If required, please refer to General Condition 11 Required Y" Not Required 7. Insurance. Please refer to General Condition 13 for insurance requirements, unless a modification to such requirements is listed below: 8. Equal Benefits Ordinance. Section 66 -9 of the City's Code of Ordinances provides that, with limited exceptions, when contracting for goods, services or construction in an amount of $50,000 or more, with persons or businesses with five or more employees that also provide benefits to employees' spouses and dependents, the city shall contract only with those persons or businesses that provide equal benefits to employees' domestic partners. Each proposer shall submit an Equal Benefits certification with its proposal /bid Other Special Conditions; The City intends to award to a Primary and Secondary Vendor(s). The award of the Primary and Secondary bidder will be determined in order of responsiveness, lowest price, and consideration of bidder's bid package with reference to conforming of bid, deviations (if any,) bidder's notes, materials proposed, along with bidder's qualifications, adequate organization, and personnel to ensure prompt and efficient performance of worts to the City. If the Primary bidder is not able to supply the product/material in question, the City will contact the Secondary bidder accordingly. ITB 14 -15 -134 4 ITB Rev, 4.08 °"' d City of West (Palm Beach (BZ) oa,o BID ITB 14 -15 -134 Proposal of: (Bidder Company Name) Bid Amount: $___ __ NIA See Bid Items 1 — 96 on Form B3 — Schedule of Bid Items (Write Dollar Figure Here) Bidder agrees to furnish, unless otherwise provided, all implements, machinery, equipment, transportation, tools, materials, supplies, labor and other things necessary for the performance and completion of the work for the amount indicated above. The undersigned Bidder hereby declares that: 1. No Lobbying. Proposer acknowledges that contact by a Proposer, or anyone representing a Proposer, regarding this ITB with the Mayor, any City Commissioner, officer, City employee, other than an employee of the West Palm Beach Procurement Division, is grounds for disqualification. 21 This bid is made in good faith, without collusion or fraud and is fair and competitive in all respects. 3. The Bidder has carefully and'to his full satisfaction examined the attached Scope of Work, Special Terms, General Conditions, technical specifications, and form of bonds, if applicable, together with the accompanying plans, and Bidder has read all issued addenda issued. 4. Bidder has made a full examination of the site and is familiar with the site conditions that may impact its performance. 5. There is enclosed a bid guarantee consisting of five percent (5 %) of bid price in the amount of $ NIA 6. Upon receipt of a Notice of Intent to Award the contract the Bidder shall: 1) commence obtaining a Performance Bond, Labor and Material Bond, and Gertificate(s) of Insurance immediately after receiving a Notice of Intent to Award, and 2) immediately obtain a Certificate of Registration for engaging in business from the City, as such documents will be required prior to execution of a Contract. 7. Bidder understands that the contract time starts on the date of Notice to Proceed. 8. Bidder furthermore agrees that, in case of failure on his part to execute a Contract and provide all required documents within ten (10) calendar days of receipt of the Contract for execution, the City may withdraw the offer and contract with another bidder and the check, bond, or other security accompanying his bid and the money payable thereon, shall become the property of the City, by forfeit as agreed and liquidated damages. 9. The Bidder states that this bid is the only bid for this project in which Bidder is interested; and Bidder shall not be a subcontractor or subcontractor on this project. 10. Substantial completion shall be within TBD calendar days. Final completion shall be in TBD calendar days. 11. Liquidated damages for delay are agreed to be $4-;2" TBD per calendar day. 12. Small Business participation for this project is 15 %. ITB 14 -15 -134 14 ITB Rev. 4.08 13. Bidder shall be responsible for all permitting fees and utility service connection fees. For construction of a building, the City shall be responsible for plan and permit review fees through its Construction Services Department. 14. All debris is to be legally disposed of at a licensed disposal site in accordance with city, state, and federal standards. 15. The City reserves the right to select and include one or more alternates in the Project and work. 16. The following officer, director or agent of the Bidder is also an employee of the City of West Palm Beach: Name Address 17. The following employee(s) of the City of West Palm Beach hold, either directly or indirectly, an interest of 10% or more of Bidder or its affiliates or subsidiaries: Name Address 18. Bidder and all affiliates, suppliers, subcontractor or consultants who will perform the Work have not been placed on the Public Entity Crimes convicted vendor list maintained by the State of Florida within the 36 months immediately preceding the date of this Bid. 19. Bidder acknowledges that ADDENDA NO(S). have been RECEIVED and are ATTACHED HERETO and are signed by a duly authorized officer of Bidder. 20. By signing and submitting this Bid, Bidder represents that all Bid Forms are fully complete and accurate. 21. Bidder acknowledges that the Bid may be rejected if all Bid Forms are not fully complete, not accurate or if forms are not signed by properly authorized signatures where required. Bidder Company Name: Business Address: (Street, City, State, Zip Code) State of Incorporated: Telephone: Fax: BIDDER: Signature of Official authorized to bind Bidder. Print Name: Title: Date: Failure to fully complete and sign this Bid Form may result in resection of the Bid. ITB 14 -15 -134 15 ITB Rev. 4 -08 0 City of West Farm Beach (B2) BID ITB 14.15.134 Proposal of: M & M Asphalt Maintenance. Inc. d /b /a All County Paving (Bidder Company Name) Bid Amount: $ ' N/A See Bid Items 1 — 96 on Form 133 — Schedule of Bid Items (Write Dollar Figure Here) Bidder agrees to furnish, unless otherwise provided, all implements, machinery, equipment, transportation, tools, materials, supplies, labor and other things necessary for the performance and completion of the work for the amount indicated above. The undersigned Bidder hereby declares that: 1. No Lobbying. Proposer acknowledges that contact by a Proposer, or anyone representing a Proposer, regarding this ITB with the Mayor, any City Commissioner, officer, City employee, other than an employee of the West Palm Beach Procurement Division, is grounds for disqualification. 2. This bid is made in good faith, without collusion or fraud and is fair and competitive in all respects. 3. The Bidder has carefully and to his full satisfaction examined the attached Scope of Work, Special Terms, General Conditions, technical specifications, and form of bonds, if applicable, together with the accompanying plans, and Bidder has read all issued addenda issued. 4. Bidder has made a full examination of the site and is familiar with the site conditions that may impact its performance. 5. There is enclosed a bid guarantee consisting of five percent (5 %) of bid price in the amount of N/A 6. Upon receipt of a Notice of Intent to Award the contract the Bidder shall: 1) commence obtaining a Performance Bond, Labor and Material Bond, and Certificate(s) of Insurance immediately after receiving a Notice of Intent to Award, and 2) immediately obtain a Certificate of Registration for engaging in business from the City, as such documents will be required prior to execution of a Contract. Bidder understands that the contract time starts on the date of Notice to Proceed. 8. Bidder furthermore agrees that, in case of failure on his part to execute a Contract and provide all required documents within ten (10) calendar days of receipt of the Contract for execution, the City may withdraw the offer and contract with another bidder and the check, bond, or other security accompanying his bid and the money payable thereon, shall become the property of the City, by forfeit as agreed and liquidated damages. 9. The Bidder states that this bid is the only bid for this project in which Bidder is interested; and Bidder shall not be a subcontractor or subcontractor on this project. 10. Substantial completion shall be within One HundFed and Twerity (120) TBD calendar days. Final completion shall be in TBD calendar days. 11. Liquidated damages for delay are agreed to be $1,290.09 TBD per calendar day. 12. Small Business participation for this project is 15 %. ITB 14 -15 -134 14 ITB Rev, 4.08 13. Bidder shall be responsible for all permitting fees and utility service connection fees. For construction of a building, the City shall be responsible for plan and permit review fees through its Construction Services Department. 14. All debris is to be legally disposed of at a licensed disposal site in accordance with city, state, and federal standards. 15. The City reserves the right to select and include one or more alternates in the Project and work. 16. The following officer, director or agent of the Bidder is also an employee of the City of West Palm Beach: Name Address 17. The following employee(s) of the City of West Palm Beach hold, either directly or indirectly, an interest of 10% or more of Bidder or its affiliates or subsidiaries: Name Address 18. Bidder and all affiliates, suppliers, subcontractor or consultants who will perform the Work have not been placed on the Public Entity Crimes convicted vendor fist maintained by the State of Florida within the 36 months immediately preceding the date of this Bid'. 19. Bidder acknowledges that ADDENDA NO(S). 1 & 2 have been RECEIVED and are ATTACHED HERETO and are signed by a duly authorized officer of Bidder. 20. By signing and submitting this Bid, Bidder represents that all Bid Forms are fully complete and accurate. 21. Bidder acknowledges that the Bid may be rejected if all Bid Forms are not fully complete, not accurate or if forms are notsigned by properly authorized signatures where required. Bidder Company Name: M & M Asphalt Maintenance: Inc. d /b /a All County Paving Business. Address: (Street, City, State, Zip Code) 1180 SW 10th Street Delray' Beach, FL 33444 State of Incorporated: FL Telephone: 561 -58 &0949 Fax: 561-588-2140, Official authorized to Print Name: Kenneth Goldberg Title: President Date: 7 -27 -15 Failure to fully complete and sign this Bid Form may result in reiection of the Bid. ITB 14 -15 -134 15 . �,.ti 1 T City of Nest Talm Beach (B3) Schedule of Bid Items ITB 14 -15 -134 PROJECT TITLE: General Roadway and Miscellaneous Construction Item No. Item Description Unit Cost Units GENERAL 1 Mobilization TBD LS 2 Maintenance of Traffic TBD LS 3 Bonding TBD LS 4 Insurance TBD LS 5 lConstruction Permits (Allowance) JTBD AL 6 lVehicle Towing (Allowance) TBD AL ROADWAY 7 Reclaimed Asphalt Base Course (Up to 10 ") $12.90 SY 8 Asphalt Emulsion for Reclamation (Asphalt Treated Base) $2.50 GAL 9 Saw Cut Existing Concrete /Pavement up to 12" deep $2.00 LF 10 Concrete Road Base Removal up to 12" deep $11.00 SY 11 Excavation, Removal & Disposal of excess material $25.00 CY 12 Mill Existing Asphalt (up to 2 ") $2.50 SY 13 Mill Existing Asphalt (2 "4") $3.10 SY 14 Asphalt & Base Removal, up to 24" $11.85 SY 15 12" Compacted, Stabilized Subbase $5.00 SY 16 FDOT Optional Base Group 4 $40.00 Ton 17 FDOT Optional Base Group 6 $40.00 Ton 18 FDOT Optional Base Group 9 $40.00 Ton 19 Type SP -9.5 Asphaltic Concrete $110.00 Ton 20 Type SP -12.5 Asphaltic Concrete $110.00 Ton 21 Removal and Disposal of Old Guardrail $5.95 LF 22 Reset Guardrail 1 $11.00 LF 23 Furnish & Install Guardrail, Steel Beam, Double Face, Incl Hardware $38.50 LF 24 Furnish & Install Guardrail, Steel Beam, Straight Panel, Incl Hardware $27.50 LF 25 Furnish & Install Aluminum Handrail per FDOT Specification $85.00 LF Addendum 1 ITB 14 -15 -134 Page 1 of 4 Utilities 26 Adjust Existing Manhole Top to Grade $500.00 EA 27 Install New Manhole Top with Ring and Cover to Grade (remove and dispose of existing) $750.00 EA 28 Adjust Type "A" Inlet to Grade $2,500.00 EA 29 Remove and Replace Type "A" Inlet $5,500.00 EA 30 linstall New Type "A" Inlet $4,200.00 EA 31 Adjust type "C' Inlet to Grade $2,500.00 EA 32 Remove and Replace Type "C' Inlet $5,800.00 EA 33 Install New "C' Inlet $4,500.00 EA 34 Remove and Replace Type P -5 (FOOT) Inlet $7,700.00, EA 35 Remove and Replace Type P -6 (FDOT) Inlet $7,500.00 EA 36 New Type P -5 FDOT Inlet $6,200.00 EA 37 New Type P -6 FDOT Inlet $6,000.00 EA 38 Install New Water Valve box (remove and dispose of existing) $500.00 EA 39 Adjust Water Valve Box $350.00 EA 40 Remove and Replace Water Meter Box, Single (City standard) $500.00 EA 41 Remove and Replace Water Meter Box, Double (City standard) $600.00 EA 42 Remove and Replace Electrical Pull Boxes with "New Basis" Model PBC111812T02 or an Approved Equivalent $1,500.00 EA 43 Install Electrical Pull Boxes, "New Basis" Model PBC111812T02 or an Approved Equivalent $1,100.00 EA 44 Remove & Replace Traffic Signal Loops/Wiring (Per PBC Standard) TBD At Cost 45 Stamped, Colored Concrete (6" thick) $72.00 SY 46 Paver Brick (traffic rated) $30.00 SY 47 1 Remove and Replace Paver Brick (traffic rated) $35.001 SY 48 18peed Humps, Stamped Asphalt(up to 100SY), primed and painted $188.001 SY CONCRETE 49 Concrete Removal up to 6" thick $10.15 SY 50 4" Concrete Sidewalk $34.50 SY 51 6" Concrete Pathway/Driveway $42.50 SY 52 Concrete ADA Curb Ramp with detectable warning surface (FDOT standard) $575.00 EA 53 6" ADA Compliant Detectable Warning Pavers Ramp $1,200.00 EA 54 6" ADA Compliant Ramp with Armor -Tile Tactile System or an approved equivalent $975.00 EA 55 Remove Concrete Curb All Type include asphalt restoration and sawcut $4.50 LF 56 Concrete Curb Type "D" $11.50 LF 57 Concrete Curb Type "F" $20.00 LF 58 Concrete Header Curb (up to 12" X12 ") $20.00 LF 59 Modified Concrete Curb $20.00 LF 60 Concrete Valley Gutter $20.00 LF Addendum 1 ITB 14 -15 -134 Page 2 of 4 STRIPING & SIGNAGE 61 6" Solid White Thermoplastic Striping $0.88 LF 62 6" Skip White Thermoplastic Striping $0.88 LF 63 6" Solid Yellow Thermoplastic Striping. $0.88 LF 64 6" Skip Yellow Thermoplastic Striping $0.88 LF 65 6" Double Yellow Thermoplastic Striping $1.76 LF 66 12" Solid White Thermoplastic Striping $1.65 LF 67 18" Solid White Thermoplastic Striping $2.20 LF 68 18" Solid Yellow Thermoplastic Striping $2.20 LF 69 24" Solid White Thermoplastic Striping $3,30 LF 70 Special Pavement Message: ARROW (single and double) Thermoplastic $99.00 EA 71 Special Pavement Message: MERGE, ONLY, RIR, SCHOOL, SHARROW, Thermoplastic $121.00 EA 72 Furnish and Install Single Sign Post $292 AS 73 Relocate Sign and Post $192.00 AS 74 6" White Temporary Striping Paint $0,33 LF 75 6" White Temporary Striping Plastic Tape $0.66 LF 76 6" Yellow Temporary Striping Paint $0.33 LF 77 6" Yellow Temporary Striping Plastic Tape $0.661 LF 78 1 Retro- Reflective Pavement Markers (RPMs) All colors $4.401 EA LANDSCAPING 79 Bio- Barrier (12" wide) $15.00 LF 80 Bio - Barrier (19.5" wide) $18:00 LF 81 Sodding (Floratam) $3.50 SY 82 Sodding (Bahia) $3.20 SY 83 lTop Soil (3" Thick) $16.50 SY 84 Red Designer Mulch (3 ") $21.00 SY 85 Root Removal /Pruning TBD - AL 86 Tree Removal (up to 12" Diameter) $1,000.00 EA 87 Seeding $10.00 SY 88 Stump Removal up to 18" Diameter, Including Roots $750.00 EA 89 Stump Removal up to 36" in Diameter, Including Roots $850.00 EA 90 Tree Removal up to 18" in Diameter, Incl. Roots $1,500.00 EA 91 Tree Removal up to 36" in Diameter, Incl. Roots 2,000.00 EA 92 Adjust Irrigation TBD AL 93 Regrade Swales $13,50 SY I` Highlighted items will not be evaluated Bidder Date -j ` al -1:5 Failure to fully complete and sign this Bid Form may result in rejection of the Bid Addendum 1 ITB 14 -15 -134 �nv 1 Aq Page 3 of 4 *BIDDERS: THE CITY HAS PROVIDED AN ELECTRONIC SPREADSHEET FOR BID ITEM TABULATION. IT IS. MANDATORY THAT ALL BIDDERS PROVIDE BOTH A SIGNED PAPER BID TABULATION AND ELECTRONIC BID TABULATION. THE ELECTRONIC BID TABULATION SHALL BE SUBMITTED WITH THE PAPER BID TABULATION BY MEANS OF COMPACT DISC, FLASH DRIVE, OR OTHER DIGITAL DATA STORAGE DEVICE. PAPER BID TABULATION AND ELECTRONIC BID TABULATION SHALL BE MATERIALLY CONSISTENT AND CONTAIN THE SAME INFORMATION. IN CASE OF DISCREPANCY, THE SIGNED PAPER BID TABULATION SHALL PREVAIL. FAILURE TO SUBMIT AN ELECTRONIC COPYIVERSION OF THE PROVIDED BID TABULATION MAY BE CAUSE FOR REJECTION OF THE BID. Addendum 1 ITB 14 -15 -134 Page 4 of 4 ITB Rev. 4 -08 r City of West Talm Beach (B4) U ,G � <OItIP� 1 ITB 14 -15 -134 SUBSTITUTION SHEET This form must be completed if Bidder proposes to deviate from any contract requirements including, but not limited to, proposed material specifications, proposed method, construction schedule, or phasing plan. Associated "Add" or "Deduct" must be provided. DESCRIPTION OR MAKE PROPOSED ADD DEDUCT BID ITEM NO, SPECIFIED SUBSTITUTION None $ $ $ $ ITB 14 -15 -134 17 a'�4Yr�4 City of Nest ft fm Beach a<o„�U� ITB 1415 -134 SCHEDULE OF SUBCONTRACTORS Failure to fully complete form may result in bid rejection. The following is a complete list of all subcontractors utilized for this project: 1. Asphalt Paving Systems (company name) 9021 Wire Rd., Zephyrhills, FL (address) 33540 (zip code) 2. WM. D. Adeimy Jr., Inc. (company name) 1201 Omar Rd., West Palm Beach, FL (address) 33405 (zip code) 3. Southwide Industries, Inc. (company name) 4357 Okeechobee Blvd., Ste C4 (address) West Palm Beach, FL 33409 (zip code) 4. Centerline Utilities, Inc. (company name) 2180 SW Poma Drive, Palm City, FL (address) 34990 (zip code) 5. (company name) ITB Rev. 408 10 (type of work) (address) (tel. #) (zip code) (federal I.O. #) Total dollar amount to be awarded to subcontractors (this page) ITB 14 -15 -134 $ 1RU 18 Dollar amount of subcontract work Reclamation $ TBD (type of work) 813- 455 -2471 (tel. #) 22- 3787755 , (federal I.D. #) Concrete 5 TBD (type of work) 561- 832 -6305 (tel. #) 59- 1927258 (federal I.D. #) Striping $ TBD (type of work) 561 - 688 -8833 (tel. #) 65- 0857746 (federal I.D. #) Drainage $ TBD (type of work) 561- 689 -3917 (tel. #) 65- 0849488 (federal I.D. #) (type of work) (address) (tel. #) (zip code) (federal I.O. #) Total dollar amount to be awarded to subcontractors (this page) ITB 14 -15 -134 $ 1RU 18 ITB 14 -15 -134 SCHEDULE OF SUBCONTRACTORS (continued if necessary) 6. $ (company name) (type of work) (address) (zip code) (tel. #) (federal I.D. #) 7. $ (company name) (type of work) 8. 9. (address) (zip code) (company name) (tel. #) (federal. I. D. #) (type of work) (address) (tel. #) (zip code) (federal I.D. #) (company name) (type of work) (address) (tel. ITB Rev. 4 -08 (zip code) (federal I.D. #) Total dollar amount to be awarded to Subcontractors $ Teo Authorized Signature: 4W, Note: The above schedule of subcontractors will become a part of the Contract documents. Changes made to the above schedule of subcontractors after the contract has been executed must be submitted in writing to the Engineering and. Public Works Department for approval prior to that subcontractor performing any work. ITB 14 -15 -134 19 _ T" y City of West Talm Beach (B6) J `loRmr ITB 14 -15 -134 CONTRACTOR VERIFICATION FORM PRIME BIDDER: Name of Firm: M & M Asphalt Maintenance, Inc. d /b /a All County Paving Address: 1180 SW 10th Street Delray Beach, FL 33444 Telephone: ( ) 561 -588 -0949 Fax: ( ) 561 - 588 -2140 GENERAL CONTRACTOR OF RECORD: Name: Micheal M. Ritter Jr. Address: 1180 SW 10th Street Delray Beach, FL 33444 State License# CGC1509532 County License # U -21491 Type of License: Paving Unlimited Yes (yes /no) If "NO ", Limited to what trade? Is the General Contractor a full -time employee of Prime Bidder? X Yes No (ATTACH COPY) (ATTACH COPY) ITB Rev. 4 -08 Will the General Contractor be in responsible charge of the work performed and installed under this contract? X Yes No City License: (COPY OF CITY REGISTRATION OR BUSINESS TAX RECEIPT -MUST BE OBTAINED PRIOR TO CONTRACT EXECUTION - Maybe obtained from City Construction Services) Failure to fully or accurately complete this form may be cause for rejection of the bid. ITB 14 -15 -134 20 2 0 � � _j0 4cm zo 0z oU.0 at lz _j ice& of- ZO) .O 4z) LIJw — 2 O 2b LL M oce LU k �Q cc a w , o IN LO � \ \ _ ■ 0 $ \� W LL Nt / o gC) w q U�q� ocr) ZWWO oQ §7 �W9z � —�■ fl--Z=)W Ek�� 2M o w- a©�f m.EO CL ■r- x O # d _a. \/ \k co 2 » W , , \ . : OD 2 W` S �SU.. ƒ . \§ LLj � 3/3:%` \§ /Ok . �k ��C*4W ca o�e . <. . O # d \k co 2 OD k ° « m LLJ OU- Q:K� \ 26 \\ , o ;y \ \,■ ©r$ �O<:, ' ® / \ <:\ \ : q z 2 « U- & � . 20 " \U J �u2 U- CO o w co' 7� « - /ƒZ LLL— \ aCL . _. ozm�.§] (n U 2 cIa -. 2 ƒx ? [2. N 4 O\ Rum /' 7 \f. � I i THIS IS YOUR CERTIFICATE OF COMPETENCY PALM BEACH COUNTY, FLORIDA PALM BEACH COUNTY CONTRACTORS CERTIFICATE OF COMPETENCY CERTIFIED CONTRACTOR o CERTIFICATE # ° EXPIRATION PAVING U -21491 09/3017017 °i1O w NAME: JEFFREY S COHEN FEE: 250.00 FIRM M & M ASPHALT MAINTENANCE INC ISSUED BY: JCERVERAFONTBIN : 09102/2015 0 DBA : ALL COUNTY PAVING ID #0502060 3 Er 1180 SW 10TH ST o17 o DELRAY BEACH, FL 33444 Signature. (� ontractor Signature Required 1) PLEASE CHECK ALL INFORMATION TO 2) CERTIFICATE MUST BE SIGNED 3) FOLD THE CARD WHERE INDICATED ENSURE THAT IT IS CORRECT FOR EASE IN CARRYING 0 r 1 " ""^- ANNE M. G AN N O N PA. Box 3353, West Palm Beach, FL 33402 -3353 (]aL CONSTITUTIONAL TAX COLLECTOR www•pbctax.com Tel: (561) 355 -2264 Serving Palm Bench County Serving you, 23-0036 PAVING CONTRACTOR I COHEN JEFFREY This document is valid only when receipted by the Tax Collectors Office. M AND M ASPHALT MAINTENANCE INC M AND M ASPHALT MAINTENANCE INC 1180 SW 10TH ST DELRAY BEACH, FL 33444 fill lilt CERTIFICATION # "LOCATED AT- 1180 Southwest 10TH ST DELRAY BEACH, FL 33444 PAID AMT PAID BILL# 7/15 $59.50 840164434 STATE OF FLORIDA PALM BEACH COUNTY 2015/2016 LOCAL BUSINESS TAX RECEIPT LBTR Number: 201246018 EXPIRES: SEPTEMBER 30, 2016 This receipt grants the privilege of engaging in or managing any business profession or occupation within its jurisdiction and MUST be conspicuously displayed at the place of business and in such a manner as to be open to the view of the public. ANNE M. G A N N O N P.O. Box 3353, West Palm Beach, FL 33402 -3353 "LOCATED AT" CONSTITUTIONAL TAX COLLECTOR www,pbctax.comTel: (561)355 -2264 1180 Southwest 10TH ST Serving P0111 Beach Cvulrty ' DELRAY BEACH, FL 33444 Serving you. TYPE OF BUSINESS OWNER I CERTIFICATION # RECEIPT MATE PAID AMT PAID BILL # 23.0032CW PAVING CONTRACTOR - COHEN JEFFREY I U21491 U15.750489- 09117/15 $185.85 840164433 This document is valid only when receipted by the Tax Collector's office. STATE OF FLORIDA PALM BEACH COUNTY 2015/2016 LOCAL BUSINESS TAX RECEIPT M AND M ASPHALT MAINTENANCE INC LBTR Number: 201246019 M AND M ASPHALT MAINTENANCE INC EXPIRES: SEPTEMBER 30, 2016 1180 SW 1 OTH ST DELRAY BEACH, FL 33444 This receipt grants the privilege of engaging in or I III I II I Is 11 I gill I I I I Ili I managing any business profession or occupation within its jurisdiction and MUST be conspicuously displayed at the place of business and in such a manner as to be open to the view of the public. Co6tractor Detail - LIVE ,Contractor ID !U-214-91 Status (Active Comments (PAVING Qualifier Information Qualifier COHEN JEFFREY S Use Default Address [business'-1302 S J ST ---- -- -- -- City /State/Zip ILAKE WORTH fFL 1 Phone JBusin ' ess - (t6l' 588 -0949 la .:.: - - -z --- ------- - Email - lb,usine.ss,- PERMITS@-AL-LIC-OUNTYP,AVING.CO,M Birthdate SSN License Information] Insurance InformaUon Defined Fields License License Type iUz Qij (REGISTERED License Number JU-21491 Issue Date Expiration Date j6j30f2617 0t?j Occupation License ick(Ctrl+P) Company Information Company M & M ASPHALT MAINTENANCE INC Use Default Address !business -1302 S J ST 133460 1 City/s tate/zip jLAKE WORTH Phone lousiness- (561)588-0949 Notes 01 Escrow Info Pos&e balances o I nly Registration Registration Expires State II _ County IPB COUNTY 09J30/2016 ITI 11 ITB Rev. 4 -08 AFFIDAVIT OF PRIME BIDDER (B8) Re Non-collusion and Public Entity Crime State of Florlda } County of Palm Beach } Kenneth Goldberg , being first ;duly sworn, disposes andsays that: (Name) 1. 1 am the President of M & M Asphalt Maintenance,.lnc. d/b /a All County Paving the (Title) (Name of Company) Bidder that has submitted the attached bid; 2. 1 am fully informed respecting the preparation and contents of the attached bid and of all pertinent circumstances respecting such Bid; 3. Such Bid is genuine and is not a collusive or sham Bid; 4. Neither the Bidder nor any of its officers, partners, owners, agents, representatives, employees or parties in 'interest; including this affiant, has in any way colluded., conspired, connived or agreed, directly or indirectly with any other bidder, firm or person to submit. a collusive or sham Bid in connection with the contract for which the attached bid has been submitted or to refrain from bidding in connection with such Contract or has in any manner, directly or indirectly, sought by agreement or collusion or communication or conference with any other Bidder, firm or person to fix the price :or prices in the attached Bid or of any other Bidder, or to Secure through any collusion, conspiracy, connivance or unlawful agreement any advantage against the City of West Palm Beach or, any person interested in the proposed Contract; and 51 The following Officer, director or agent of Bidder is also an employee of the City of West Palm Beach: None (if none, write "None?'). 6. The following employees of the City of West Palm Beach own, directly or indirectly, an ,interest of 10% or more in Bidder firm or any of its affiliates or subsidiaries: Nano (if none, write "None`'). 7. The price or prices quoted in the attached Bid are fair and proper and are not tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of the Bidder or any of its agents, representatives, owners, employees, or parties in interest, including this affiant. 8. Neither the Bidder nor any officer, director, partner, shareholder, employee, member or agent, who is active in the management of Bidder, or any affiliate or subsidiary of Bidder has been convicted of a public entity crime or action regarding antitrust, fraud; theft, bribery, collusion, racketeering, conspiracy or material misrepresentation with respect to any bid or contract for goods or services to be provided to any public entity, or hag been listed on the state Convicted Vendor List, within thirty -six months prior tot ie date of Bidder's Bid. (Signed) (Print Name) Kenneth Goldberg (Title) President ITB 14 -15 -134 22 ITB Rev. 4 -08 The foregoing Aff�,d' avit of Bidder regarding Non - Collusion and Public Entity Crime was acknowledged before me this "j - 2g, 15 (Date) by: �_en nf�_'Vn. Ciao e I.-, who Is personally known to me or who has produced as identification and who did /(did not) take an oath. TINA L. MILLER Notary public - State of Florida Notary Public (print & sign name) My Comm. Expires 130, 2018 I Commission # FF 173206 Commission No. Bonded tWOUQh National Notary Assn. ITB 14 -15 -134 23 ITB Rev. 4 -08 City of West (Palm Beach (139) DRUG FREE WORKPLACE CERTIFICATION The undersigned Bidder, in accordance with Florida Statute 287.087 hereby certifies that M & M Asphalt Maintenance., Inc. d /b /a All County Paving does. (Name of Business) 1, Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violation of such prohibition. 2. Inform employees about the dangers of drug abuse in the workplace, the business' policy of maintaining a drug -free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or contractual services that are under this bid a copy of the statement specified in subsection (1). 4. In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities, or contractual services that are under bid, the employee will abide by the terms of the statement, and will notify the employer of any conviction of, or plea of guilty, or nolo confendre to any violation of Chapter 1893, or of any controlled substance law of the United States, or any State, for a violation occurring in the workplace no later than five (5) days after such conviction. 5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance, or rehabilitation program, if such is available in the employee's community, by any employee who is so convicted. 6. Make a good faith effort to continue to maintain a drug -free workplace through implementation of this section. As the person authorized to sign the statement, requirements. certify that this firm complies fully with the above Aut& kiieb,bgriature .Kenneth Goldberg Print Name 7- 27-15 Date ITS 14 -15 -134 24 ITB. Rev. 4 -08 `- City of West ftfm Beach (B10) v fZORt9° FLORIDA TRENCH ,SAFETY COMPLIANCE This form is required where Contractor will perform trench excavation which exceeds a depth of 5 feet. X If Not Applicable — Check this Box and sign below. In accordance with the Florida Trench Safety Act, F.S. 553,63, Bidder acknowledges: 1. The trench safety standards applicable to this bid and contract are either: • Included in the specifications for this bid or • Are identified as: 2. Bidder will comply with all applicable trench safety standards and any special shoring requirements applicable to the Project. 3. Included in the various items of the Bid and in the Total Bid Price are costs -for complying with the Florida Trench Safety Act, which costs are summarized below. Note: Included in the various bid items on Form B3 are costs for compliance with trench safety standards, including sheeting and shoring. Costs on this Form B10 shall be consistent with Form B3. The bid items for trench safety compliance on Form B3 must equal the total amount for trench safety compliance indicated below. Trench Safety Cost per Linear Extended Measure Linear Foot Feet Cost (Description) A. B. C. Shoring Safety Cost per Square Extended Measure Square Foot Feet Cost (Description) D. E. F. FAILURE TO COMPLETE THE ABOVE MAY RESULT IN THE BID BEING REJECTED, Bidder Firm; M & M Asphalt in nance, Inc. d /b /a All County Paving Authorized Signatu Date: 7 -27 -1 ITB 14 -15 -134 25 ITB Rev, 4 -08 Procurement Division /Small Business Program 401 Clematis Street, 5th Floor West Palm Beach, Florida 33401.4702 Tel: 561822.2100 Fax: 561.822.1564 Website: www.wpb.orpinuchasinalsbiz (B11) Form S1302 Subcontractors Listing Bid derlProposer's Name: Telephone No. M & M Asphalt Maintenance, Inc. d /b /a All County Paving 561 - 588 -0949 ITB or RFP Title: GENERAL ROADWAY AND MISCELLANEOUS CONSTRUCTION ITB or RFP No.: 14.15.134 NOTE: List all subcontractors you invited to bid on this project, whether they were selected or not, including those identified on the Schedule of Subcontractors. Submit this form with your bid. Use additional sheets if necessary. Company Contact Telephone i Work To Be Performed Name person Number Asphalt Paving Systems Reclamation Mark Rohrbach 2 WM. D. Adeimy Jr Inc. Concrete Bill Adeimy 3 Southwide Industries, Inc. Striping Centerline Utilities Inc. S. 6. 8. 9. Drainage Jennifer Gingras Freddy Chesney Jr.. 813 -788 -0010 561- 832 -6305 561 -688 -8833 561 - 689 -3917 10. PrintPreparer's a Kenneth Goldberg Title, President Signature: Date: 7-27-15 ITB 14 -15 -134 26 ITB Rev. 4 -08 Procurement Division /Small Business Program 401 Clematis Street, 51h Floor West Palm Beach, FL 33401.4702 Tel. (561) 822 -2100 Fax (561) 822.1564 Website; www.wpb.oralpuchasinalsbiz (B12) Form SB01 Statement of Small Business Participation Instructions: List all Small Businesses that will participate on this project/contract. Only City certified small businesses and Palm Beach County Office of Small Business Assistance (PBC -OSBA) certified Small Businesses can be used to meet the goal established for this project/contract. Submit this form with your bid /proposal. SECTION 1. General lnformadon Bidderor Proposer's Name: M & M Asphalt Maintenance, Inc. d /b /a All County Paving Preparer's Name: Kenneth Goldberg Title President GENERAL ROADWAY AND MISCELLANEOUS ITB or RFP Title: CONSTRUCTION Project Number: Various ITB or RFP Number: 14- 15.134 SB Goal (if established): 15% Total Base Project/Contract Amount: $ TBD SECTION II. Small Business Participation The firm(s) listed below have agreed to participate in this project or contract. Rom Descriptlon or Percent of f D l Percent ercent oolar Subcontractor Name Work/Service to be Do Dollar Value Value ValuelBase Bid performed Total Bid 1.Southwide Industries, Inc. Striping $TBD oho ono 2. WM. D. Adeimy Jr., Inc. Concrete $ TBD oho 3. $ % % 4. $ % % 5, $ % % ti. $ % % TOTAL. $ TBD Rio ono Preparer's Signature: Date: 7-27-15 ITB 14 -15 -134 27 ITB Rev. 4 -08 Procurement Division /Small Business Program 401 Clematis Street, 501 Floor West Palm Beach, FL 33401 -4702 Tel. (561) 822 -2100 Fax (561) 822 -1564 Website: www.wpb.org /pucliasing /sbiz (11313) Form SB03 Instructions: The Bidder /Proposer will complete Section I. The Small Business subcontractor will complete Sections II and III, It is the responsibility of the bidder /Proposer to verify that the undersigned is a City Certified Small Business. Only City of West Palm Beach or Palm Beach County Office of Small Business Assistance (PBC- OSBA) certified Small Businesses can be used to meet the goal established for this project/contract. This completed form will be required before contract award. Please note: This form is required for each certified Small Business selected. SECTION I. General Information Proposer's Name: M & M Asphalt Maintenance, Inc: d /b /a All County Paving ITB or RFP Title: GENERAL ROADWAY AND MISCELLANEOUS CONSTRUCTION ITB or RFP Number: 14 -15 -134 SECTION II. Small Business Participation The undersigned intends to perform the following work pertaining to the above project Item No. Item Description or Work to be Performed 61 -78 Striping & Signage SECTION III. Information on the Small Business Small Business Name: Southwide Industries, Inc. Preparer's Name: Ada HOlme , Title: VP Signature: '� �`" Date: 7/28/15 Contract Amount $ TBD ITB 14- 15.134 28 V h H �[[p� w: V V 0 v z i/1 W RYA i Z a uj V Q 0 Ln cn r-f 8 C3 0 -o N G v t4 h ti 4i N q) w N o� i N N t �w �d 4� o� E' b h b V rQ� v b A r O 9i W n z U W U I� R;o e c� a V `o 0 0 e a a 3 � 9 <u Q a o °� U } o� ITB Rev. 4 -08 Procurement Division /Small Business Program 401 Clematis Street, 51^ Floor West Palm Beach, FL 33401 -4702 Tel. (561) 822.2100 Fax (561) 822.1564 Website: www.wob.orq /ouchasinglsbiz (B13) Form SB03 Letter of Intent Instructions: The Bidder /Proposer will complete Section I. The Small Business subcontractor will complete Sections II and III. It is the responsibility of the bidder /Proposer to verify that the undersigned is a City Certified Small Business. Only City of West Palm Beach .or Palm Beach County Office of Small Business Assistance (PBC- OSBA) certified Small Businesses can be used to meet the goal established for this project/contract. This completed form will be required before contract award. Please note: This form is required for each certified Small Business selected. SECTION I. General Information Proposer's Name: M & M Asphalt Maintenance, Inc. d /b /a All County Paving ITB or RFP Title: GENERAL ROADWAY AND MISCELLANEOUS CONSTRUCTION ITB or RFP Number: 14-15134 r SECTION II. Small Business Participation The undersigned intends to perform the following work pertaining to the above project: Item No. Item Description or Work to be Performed Contract Amount 45,46,49,50- 52,54 -60 Concrete $ TBD SECTION III. Information on the Small Business Small Business Name: WM. D. Adeimy, Jr. Inc. j Preparer's Name: WM. D. Adeimy, Jr. Title: President � : 7/28/15 Signature: ��7� Date ITB 14 -15 -134 28 tVf �7 g� V �p 4 V 4 N � F- LU m � u � lD N d' ri C7 C7 0 0 0 c Q 41 1� h ti �N n � N � N N b� ► N N © ZI a �Ns ,o Z t v tk Wfl �� m �v tt O 4 U i R U 0 a 0 0 V1 it O�\ � Z W� co z Fi 3� A� WV �O va �+ �U O� 0 U V O O .y E U V C 7 U 0 b 0 a n V v d qa a Q W d C U j El U cd 7., a p to a V] cf ^ (+- o u u - a U > P. c � A d c� c c� 2 LL a ITB Rev. 4 -08 City of ?Nest (Palm Beach (BPI 5) ITB 14 -15 -134 CONTRACTOR'S MATERIAL SUPPLIERS List all material suppliers that Bidder intends to use on this project. Include additional pages as required. Failure to fully and accurately complete this form may result in the disqualification of the Bid. Name of Suppliers Types of Material to be Provided Total Contract Amount including Sales Tax Total Sales Tax Ranger Construction Asphalt (Hot Mix) TBD TBD Blacklidge Emulsions Asphalt Emulsions & Tack TBD TBD Cemex Concrete TBD TBD Old Castle Brick Pavers TBD TBD ITB 14 -15 -134 29 t.Ita_nru* '•i •r v nnrs Main ACORD., CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDDIY M 10/07/2015 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endors_ ement(s). ;RODUCER .BIZ Insurance Services, Inc. 101 Yamato Road suite 3150 NAME: Gina Salvat acc °NIV Ext , 561 994.2210 ac No EMAIL salvat cbiz.com DDRESS: gsalvat@cbiz.com 5439945015 4/30/2015. Raton, FL 33431 INSURER 5 AFFORDING COVERAGE NAIC # INSURER A. United States Fire Insurance Co 21113 NSURED INSURER B: North River Insurance Company 21105 M 8r M Asphalt Maintenance Inc All County Paving Inc 1180 SW 10th Street INSURER C : INSURER D: s2,000,000 GEN'L AGGREGATE LIMITAPPLIES PER: 1. POLICY X E° LOC PRODUCTS - COMPIOP AGG Delray Beach, FL 33444 INSURER E, $1,000,000 F AUTOMOBILE :OVERAGES CERTIFICATE NUMBER: REVISION NUMBER: ITHIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, �TRR TYPE OF INSURANCE INSRL WVD POLICY NUMBER MMIDID�YY MMI�DmYY LIMITS A GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE F x1 OCCUR X 5439945015 4/30/2015. 04130/2016 EACH OCCURRENCE $1,000,000 pAMAGET? RENTED PREMISES tEa occurrence) 000,000 MED EXP (Any one person) $153000 PERSONAL & ADV INJURY $1,000,000 GENERAL AGGREGATE s2,000,000 GEN'L AGGREGATE LIMITAPPLIES PER: 1. POLICY X E° LOC PRODUCTS - COMPIOP AGG $2,000,000 Em 1 Ben $1,000,000 B AUTOMOBILE LIABILITY ANY AUTO AUTOS OWNED SCHEDULED AUTOS �IREDAUTOS X NON -OWNED AUTOS X 1337371056 4/30/2015 04/301201 CO aBINED SINGLE LIMIT 1,000,000 X BODILY INJURY (Per person) $ BODILY INJURY (Per accident) S X PROPERTYDAMAGE Per accident $ $ 3 _ X UMBRELLA LIAO EXCESS LIAB X OCCUR CLAIMS -MADE X 5811051087 4/30/2015 04/30/201 EACH OCCURRENCE $110000000 AGGREGATE $10,000,000 DED I X RETENTION $10000 $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN N ANY PROPRIETOR/PARTNERIEXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below N/A 1QRY LIMIT OT- E.L. EACH ACCIDENT S E.L. DISEASE - EA EMPLOYEE $ E.L. DISEASE- POLICY LIMIT $ ESCRIPTION OF OPERATIONS/ LOCATIONS /VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space Is required) ICity of West Palm Beach and the City Commission and its officers, agents, employees are additional insureds when required by written contract or agreement. 'his insurance is primary to any other Insurance available to the additional insured(s) with respect to )aims covered under the policy. Thirty (30)days written notice of cancellation, non - renewal, restrictions, or reduction in coverage or I mits will be given, except ten (10) days for non-payment of premium. ,=;ERTIFICATE HOLDER CANCELLATION City ofiWest Palm Beach SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Attn: Purchasing Division ACCORDANCE WITH THE POLICY PROVISIONS. 401 Clematis Street West Palm Beach, FL 33401 AUTHORIZED REPRESENTATIVE CBIZ Insurance Services, Inc. ©1988 -2010 ACORD CORPORATION. All rights reserved. CORD 25 (2010105) 1 of 1 The ACORD name and logo are registered marks of ACORD ,I 4COR0® CERTIFICATE OF LIABILITY INSURANCE F DATE (MMIDO/YYYY) 10/7/2015 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). °RODUCER CONTACT Erika Pfeiffer Mack, Mack & Waltz Insurance Group, Inc. 1211 S Military Trail PHONE 1954) 640 -6225 FAC o, (954) 640 -6226 DoRIESS :@Pfeiffer @mackinsurance.com INSURERS AFFORDING COVERAGE NAIC q Suite 100 INSURERA:FCCI Insurance Com an EACH OCCURRENCE Deerfield Beach FL 33442 NSURED INSURER B AGCS Marine Insurance Co. $ INSURERC: MED EXP (Any one person 4 & M Asphalt Maintenance, Inc., INSURER D; 3BA:All County Paving INSURER E: GEN'L AGGREGATE LIMIT APPLIES PER: POLICY ❑ JECT LOC OTHER: 1180 SW 10th Street INSURER F: PRODUCTS - COMP /OP AGG 3elray Beach FL 33444 OVERAGES CERTIFICATE NUMBER:CL1542832744 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ISR TYPE OF INSURANCE A L R POLICY NUMBER POLICYEFF POLICY EXP LIMITS COMMERCIAL GENERAL LIABILITY CLAIMS-MADE 1:1 OCCUR EACH OCCURRENCE $ DAMAGETORENTED PREMI a occurc n $ MED EXP (Any one person $ PERSONAL 8 ADV INJURY S GEN'L AGGREGATE LIMIT APPLIES PER: POLICY ❑ JECT LOC OTHER: GENERAL AGGREGATE S PRODUCTS - COMP /OP AGG $ $ , AUTOMOBILE LIABILITY ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS HIRED AUTOS NON -OWNED AUTOS COMBINED SINGLE LIMIT accid + $ BODILY INJURY (Per person) $ BODILY INJURY Per accident) $ PROPERTY DAMAGE Perac i e $ UMBRELLA LIAB EXCESS LIAR 17OCCUR I CLAIMS -MADE EACH OCCURRENCE $ I AGGREGATE $ DED_ RETENTION S A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PROPRIETOR/PARTNERIEXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) H es, describe under DESCRIPTION OF OPERATIONS below NIA 001— WC15A72204 5/1/2015 5/1/2016 X 5EA OTH- E.L. EACH ACCIDENT S 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 E.L. DISEASE - POLICY LIMIT $ 11000,000 B Inland Marine CMA277234 5/1/2015 5/1/2016 rR.'.I.d/L eduled Equipment $2,020,953 eas ed /Deductible $300,000/$5000 ' ESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space is required) City of West Palm Beach 401 Clematis Street West Palm Beach, FL 33401 "ICORD 25 (2014101) jen ,)a ,,n,,,,,+ SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE (Greg Waltz /ERIKAF ©1988 -2014 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD ITB Rev. 4 -08 � p.�d� SECTION 5 GENERAL CONDITIONS AND TERMS OR10�" SECTION CAPTION GC 1 Definitions GC 2 Contract Documents GC 3 Owner GC 4 Contractor GC 4.1 Contractor Responsibilities GC 4.2 Contractor Review GC 4.3 Supervision and Labor GC 4.4 Materials and Equipment GC 4.5 Substitution GC 4.6 Quality Assurance GC 4.7 Permit and Fees GC 4.8 Notice rto Proceed; Schedule; Delay GC 4.9 Survey; Lines, Grade, Levels and Dimensions GC 4.10 Record Documents GC 4.11 Work Site GC 4.12 Protection of Work and Property GC 4.13 Concealed or Unknown Conditions GC 4.14 Safety GC 4.15 Progress; Reporting GC 4.16 Shop Drawings, Samples and Submittals GC 5 Inspections and Testings GC 6 Correction of Work GC 7 Work by Others at Site GCB Changes in the Work GC 9 Completion GC 9.1 Requirements Prior to Substantial Completion GC 9.2 Notice GC 93 Substantial Completion GC 9.4 Inspection and Punch List GC 9.4 Substantial Completion GC 9.5 Punch List Retainage GC 9.6 Requirements Prior to Final Inspection GC 9.7 Final Inspection GC 9.8 Owner's Rights GC 9.9 Final As -Built Documents GC 9.10 Use of Completed Portions ITB 14 -15 -134 32 ITS Rev. 4 -08 GC 10 Payment GC 10.1 Schedule of Values GC 10.2 Taxes GC 10.3 Payment When Performance and Payment Bond Required GC 10.4 Payment Requests GC 10.5 Initial Payment GC 10.6 Progress Payments GC 10.7 Decision to Withhold Certification of Payments Requests GC 10.8 Retainage GC 10.9 Payment to Subcontractors GC 10.10 Final Payment GC 10.11 Final Payment to Subcontractors GC 10.12 Allowances GC 10.13 Contingency Funds GC 10.14 Withheld Payments GC 10.15 Local Government Prompt Payment Act GC 11 Bonds GC 11.1 Performance and Payment Bonds GC 11.2 Surety GC 12 Liens and Releases of Liens GC 13 Insurance; Indemnification GC 14 Subcontractors and Suppliers GC 15 Engineer /Architect's Status GC 16 Termination and Suspension GC 17 Unexcused Delay; Liquidated Damages GC 18 Claims and Disputes GC 19 Warranty Inspection GC 20 Royalties and Patents GC 21 Legal and Ethical Provisions GC 22 Miscellaneous ITB 14 -15 -134 33 ITB Rev. 4 -08 GC 1 DEFINITIONS The following definitions will apply regardless of whether the word(s) is capitalized, if the context is appropriate. "Addenda" is a document issued prior to the opening of bids which clarifies, corrects or changes the bidding requirements or the proposed Contract Documents. "Agreement" is the written Instrument which is evidence of the agreement between Owner and Contractor covering the Work. "Change Order" shall mean a written order issued by the Owner and accepted by the Contractor, authorizing additions, deletions, or revisions in the Work, or an adjustment in the contract price, or contract times, issued on or after the Effective Date of the Contract. "claim" shall mean a demand or assertion by the Owner or Contractor seeking an adjustment of the contract price or contract times, or both, or relief with respect to the terms of the Contract." "Constructive Change Directive (CDD)" is a document issued to authorize Work when a change order is not yet issued or has not yet been agreed upon. "Construction Drawings" or "drawings" are the graphic and pictorial portions of the Contract Documents showing the design, location and dimensions of the Work, generally including plans, elevations, sections, details, schedules and diagrams. "Contract date" shall be the date on which the Contract is signed by the last of the two parties to sign and deliver. "Contract Documents" or "Contract" consist of the Contract between the Owner and Contractor, the payment and performance bonds (or public construction bond), the General Conditions, any supplemental or special terms or conditions of the Contract, Construction Drawings, specifications, bidding documents, addenda, and other documents listed in the Contract, regardless of whether physically attached to the Contract, and any amendments or change orders issued and duly executed after execution of the Contract. "Contractor" shall mean the entity contracting with the Owner to perform the Work or its authorized representative. Contractor shall be lawfully licensed to perform the Work. "contract price" is the total amount payable by the Owner to Contractor for performance of the Work under the Contract Documents. "day" shall mean calendar day, unless otherwise specifically indicated. Where the performance of any act is directed, the time shall be computed so as to exclude the first and include the last day of the prescribed period. When the last day of a period falls on a Saturday, Sunday or legal holiday (observed by the party) the period shall end on the next day that is not a Saturday, Sunday or legal holiday. "Engineer /Architect" shall be used and shall be understood to mean the professional engineer or architect consultant retained by the Owner as the Engineer or Architect of Record, or the designated staff engineer of the Engineering & Public Works Department of the Owner. "fifty percent completion" of the Work is defined as that point in time where 50% of the overall value of Work items incorporated and which will remain in place subsequent to Final Completion of the Work have been completed, based upon the schedule of values contained in the Contract. As such, and by way of example, the value of Contractor's mobilization, general conditions, supervision or like items which do not involve permanent incorporation of Work do not apply to the determination of "Fifty Percent Completion" of the Work for purposes of establishing entitlement to a reduction of retainage. "Final Certification" is the document issued to Owner by the Engineer /Architect upon finding the Work acceptable under the Contract Documents and all requirements fully performed. "Final completion" shall be deemed to have occurred when the Engineer /Architect finds the Work acceptable under the Contract Documents and that all contract requirements have been fully performed. ITB 14 -15 -134 34 ITB Rev. 408 "Notice to Proceed" is the written notice given by Owner to Contractor fixing the date on which the Contract time will commence to run and on which Contractor shall start to perform the Work under the Contract Documents. "Owner" or "City" is the City of West Palm Beach. The authorized representative for execution of the Contract and any amendments or change orders is the Mayor, "project" is the total construction, of which the Work performed under the Contract Documents may be the whole or a portion; and may include construction by the Owner and /or separate contractors. "schedule of values" shall be a Contractor prepared and maintained schedule allocating portions of the contract price to various portions of the Work and used as a basis for reviewing the Contractor's application for payment. "shop drawings" are drawings, diagrams, illustrations, schedules and other data specially prepared for the Work by Contractor or its Subcontractor, manufacturer, supplier or distributor to illustrate some portion of the Work. Shop drawings are not Contract Documents but are used to demonstrate how the Contractor proposed to conform to the design concept of the Contract Documents for those portions of the Work for which the Contract Documents require submittals. "specifications" are that portion of the Contract Documents consisting of the written requirements for materials, equipment, systems, standards and workmanship for the Work and performance of related services. "subcontractor' is a person or entity in direct or indirect contract with the Contractor, or with any other subcontractor, to perform a portion of the Work, "substantial completion" shall be deemed to have occurred when the Work has progressed to the point where, in the opinion of the Engineer /Architect, the Work is sufficiently complete, in accordance with the Contract Documents, so that the Owner can utilize the Work and the entire project for its intended purposes, including but not limited to the completion of all specified systems and items relating to life safety and regulatory use, with the exception of incidental or incomplete items except where a lack of completion of such incidental or incomplete items of Work will adversely affect the complete operation of other areas of the Work. Additional conditions (if any) needed to achieve Substantial Completion of the Work and which are project specific are set forth in the Special Terms or Supplemental Conditions. "Supplemental Conditions are that part of the Contract Documents which amends or supplements these General Conditions. "Work ", means the construction services required by the Contract Documents and includes all labor, equipment, materials, documents and services to be provided by the Contractor to fulfill the Contractor's obligations under the Contract. Work may refer to the whole or a portion of the project. The terms "Owner', "Contractor ", "Engineer /Architect" and "Subcontractor" are treated throughout the Contract as if each were of the singular number and masculine gender, GC 2 CONTRACT DOCUMENTS 2.1 EXECUTION, CORRELATION AND INTENT OF DOCUMENTS: 2.1.1 The Contract Documents shall be executed in at least two original sets by Owner and Contractor. 2,1.2 The Contract Documents are intended to include all items necessary for the proper execution and completion of the Work by the Contractor. Any labor, services, materials, equipment or documentation that may reasonably be inferred from the Contract documents or trade usage or prevailing custom as being required to produce the indicated result will be provided whether or not specifically called for, at no additional cost to Owner. 2.13 The Contract Documents are complementary, and wherever possible the provisions of the documents shall be construed in such manner as to avoid conflicts between provisions of the various documents, In the event of any inconsistency among the Contract Documents, where such inconsistency is not clarified by change order or addendum, the Contract Documents shall be construed according to the following priorities: First Priority: Approved Change Orders, Addendums or Amendments ITB 14 -15 -134 35 Second Priority: Specifications (quality) Third Priority: Fourth Priority: Fifth Priority: Sixth Priority: Seventh Priority Eighth Priority Drawings (location) Supplemental Conditions or Special Terms General Terms and Conditions Contract Invitation to Bid Contractor's Bid IT8 Rev, 4 -08 2.1 .4 In any event of inconsistency, however, the latest, and more stringent, or technical, or the lesser quantity requirements shall control the work to be performed by Contractor, as determined by the Engineer /Architect. 2.1.5 , Organization of the Specifications into sections or arrangements of the Construction Drawings shall not control how the Work is distributed to subcontractors or among the trades, 2.1.6 The Contract Documents make no attempt to fix the scope of work of any subcontractor nor the responsibilities of the subcontractors. 2.1.7 Unless otherwise stated in the Contract Documents, words that have well - known conventional or technical or construction- industry meanings are used in the Contract Documents in accordance with such meanings. 2.1.8 Reference to standards, specifications, manuals, or codes of any technical society, organization, or association, or to laws or regulations, shall mean the standard, specification, manual, code, or laws, or regulations in effect at the time of bid opening or on the Contract date if there were no bids. 2.1.9 The following Contract Documents may be found at www.citvofwpb:org /engineering Owner's Approved Materials List Owner's Engineering Standard Details Owner's Right -of -Way Construction Standards (if applicable) 2.2 CONSTRUCTION DRAWINGS AND SPECIFICATIONS. 2.2.1 The Owner through the Engineer /Architect, or the Engineer /Architect as the Owner's representative, shall furnish Construction Drawings and specifications which represent the requirements of the Work as far as practical to be performed under the Contract Documents. The Owner or Engineer /Architect will provide the Contractor with copies of all drawings and specifications, not to exceed four (4) complete sets, for the execution of the Work. 2.2.2 The Contractor shall, immediately upon receipt of the specifications and Construction Drawings, check all specifications and drawings furnished and shall promptly notify Owner, in writing, of any illegibility, error, omission., defect or discrepancy discovered in such specifications and drawings and shall comment as appropriate upon construction feasibility and practicality. Contractor shall obtain written interpretation or clarification from Engineer /Architect prior to proceeding with any Work affected by such illegibility, error, omission, defect or discrepancy. Contractor shall be responsible for obtaining building permits for the Work based on the specifications and Construction Drawings. The Contractor shall perform work only in accordance with the specifications and permitted Construction Drawings and any subsequent revisions thereto. 2.2.3 If the permit approval process requires a change to the scope of the work, the Contractor shall notify the Owner and Engineer within seven (7) days of Contractor being informed of the required change or receipt of the permitted Construction Drawings and such notification shall contain a written description of the change and its impact on the cost and schedule, if any. Failure to provide such notice within seven (7) days shall be a complete waiver by the Contractor of all additional cost and time and Contractor shall perform and additional work at its expense and complete the Work according to schedule and in no event shall Contractor recover delay or consequential damages. ITI3 14 -15 -134 36 ITB Rev, 4 -08 2.3 OWNERSHIP AND USE OF DRAWINGS AND SPECIFICAIONS 2.3.1 Any and all Construction Drawings produced for the Owner become the property of the Owner, The Contract Documents, in whole or in part, are to be used by the Contractor only with respect to the project and the Work, and shall not be used by the Contractor for any other purpose without written authorization by the Owner. This prohibition shall survive completion or termination of the Contract. The Contractor may retain copies of Contract Documents for record purposes. 2.3.2 For security reasons, building plans, construction drawings, security features and technical details and specifications of City -owned facilities are not public documents. These documents may be shared by Contractor with those employees and subcontractors as needed to perform the Work. However, Contractor and its subcontractors shall not release such plans, drawings, and specifications to any other third party without Owner's prior written approval. 2.4 ELECTRONIC DATA Unless specifically stated in Supplemental Conditions or Special Terms, and excepting the electronic documents referenced in GC 2.1.9, the data, specifications and drawings that may be relied upon are limited to the printed copies (hard copies). If the parties intend to transmit any data, information or documentation in digital form, with the intent of reliance on such transmission, and not solely for the convenience of the receiver, the parties to the transmissions shall establish protocols for such transmissions. GC 3 OWNER 3.1 Owner shall be responsible for obtaining any easements necessary for the Work to be performed at the indicated site. 3.2 The furnishing of any surveys, utility locations, or other site information by the Owner does not relieve Contractor of its responsibilities under the Contract Documents. Owner makes no representation or warranty as to the accuracy of any information provided to Contractor. 3.3 Unless otherwise provided in the Contract Documents, Owner shall provide Contractor with at least one (1) but no more than four (4) complete set(s) of Contract Documents, 3.4 Unless otherwise provided in these General Conditions, Owner shall issue all communications to Contractor through Engineer /Architect. 3.5 Owner shall not supervise, direct, or have control or authority over, nor be responsible for, Contractor's means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with laws and regulations applicable to the performance of the Work. 3.6 OWNER'S RIGHT TO STOP WORK. If Contractor fails to correct Work that is not in accordance with the Contract Documents, or repeatedly fails to perform Work in compliance with the Contract Documents, Owner may issue a written order to Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated or resolved. 3.7 OWNER'S RIGHT TO PERFORM WORK. Owner reserves the right to perform or complete all or a portion of the Work in the event of Contractor's failure to perform the Work in accordance with the Contract Documents, after written notice of such failure and a five (5) day period to cure such failure(s). Owner's exercise of its right to perform the Work shall be without prejudice to any other remedies Owner may have. In such event, a change order shall be issued deducting the Owner's costs, including additional compensation to Engineer /Architect, from payments thereafter due to Contractor. The amounts deducted shall be subject to review by EngineedArchitect. If payments due to the Contractor are not sufficient to cover the amount, the Contractor shall pay the difference to Owner. GC 4 CONTRACTOR 4.1 CONTRACTOR RESPONSIBILITIES. 4.1.1 Contractor shall supervise, inspect and direct the Work, competently and efficiently, in accordance with the Contract Documents. The Contractor shall be held liable to Owner for the performance of all Work provided for under the Contract Documents. ITB 14 -15 -134 37 ITB Rev, 4 -08 4.1.2 Contractor shall employ and or subcontract with subcontractors that are qualified to successfully complete the Work and within the contract time specified. 4.1.3 Contractor shall provide and pay for all labor, materials, equipment, tools, construction equipment and machinery, heat, utilities, travel, lodging, insurance, facilities and services necessary for the proper execution and completion of the Work. 4.1.4 Contractor shall be solely responsible for all construction means, methods, techniques, sequences, procedures and safety programs in connection with the performance of the Work. Contractor shall be solely responsible for the engagement, management and performance of any subcontractors used to perform any portion of the Work. 4.1.5 Contractor shall be liable to Owner for materials and equipment furnished. This shall include all materials and equipment whether manufactured and /or fabricated by other persons. In the event that an agent or other representative of the Owner approved the installation or erection of any item of material or equipment and the Contractor feels the same is not fabricated in good workmanlike manner, Contractor shall forthwith advise the Engineer /Architect and the Owner of such situation in writing. 4.1.6 Contractor shall maintain a log of daily Work activities, including manpower records, weather, delays, major decisions, etc,, and provide a copy of same to Owner upon request. 4.1.7 Contractor shall maintain a current roster of subcontractors with name and contact telephone numbers for key personnel and provide a copy of same to the Owner at the beginning of the project and at any time the information is revised. 4.1.8. Contractor shall provide a safety program for the project and conduct a safety meeting prior to commencing work and at regular intervals, no less than once per month, during the prosecution of the Work. 4.1.9 For street and utility construction, Contractor shall give notice of commencement of construction to all nearby properties which may be affected by the Work at least seven (7) calendar days prior to commencement of construction. Owner's project manager will assist Contractor in determining those properties requiring notice. 4.1.10 Contractor shall not perform any Work unless the Contractor is in compliance with GC GC 4.8.2 and GC 4.10.1. 41.11 Contractor shall be solely responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. 4.2 CONTRACTOR REVIEW 4.2;1 Contractor shall carefully study and review the Construction Drawings, plans and specifications to assure itself and Owner that Contractor has observed no defects or discrepancies in the Construction Drawings or specifications and such plans are consistent, practical, feasible and constructible within the scheduled construction time. It is recognized that Contractor's review is made in Contractor's capacity as a contractor and not as a design professional, unless otherwise specifically provided in the Contract Documents. 4.2:2 The Contractor shall, by careful examination, satisfy itself, to the extent it deems necessary, as to the nature and location of the Work, the conformation of the ground and site, access and transportation of materials, the character, quality and quantity of the materials, storage, handling and disposal of materials, the character and storage of the equipment and facilities needed preliminary to and during the prosecution of the Work, the availability, quantity and quality of labor, water and electric power; availability and condition of roads; climatic conditions; location of underground utilities; existing site conditions, topography and ground conditions; subsurface geology, and nature and quantity of surface and subsurface materials to be encountered; the general and local conditions and all other matters which can in any way affect the performance of the Contract. Execution of the Contract by the Contractor is a representation that the Contractor has visited the site, reviewed any design criteria furnished by Owner, become generally familiar with conditions under which the Work is to be performed and correlated personal observations with requirements of the Contract Documents. No change shall be made to the contract price on account of minor differences between actual field conditions and the Contract Documents. ITB 14 -15 -134 36 ITB Rev. 4 -08 Contractor's failure to assess the site conditions will not relieve it from the responsibility for properly estimating the costs and schedule of performing the Work. 4.2.3 If the Contractor, whether prior to or during construction, discovers or becomes aware of any discrepancies, defects, errors or omissions in the Construction Documents, or any issues or concerns regarding the Work site, Contractor shall immediately report them in writing to the Owner and the Engineer /Architect. 4.2.4 Subsoil Conditions. Unless otherwise stipulated in the Construction Documents, no subsoil investigations have been made. The Contractor shall satisfy itself as to all subsoil conditions as necessary. Contractor shall be responsible for coordinating and scheduling geotechnical services based on Contractor's testing requirements. 4.2.5 Under-around Utilities and Facilities. Where applicable, Contractor shall be responsible for locating all underground utilities and facilities. Owner shall not be responsible for the accuracy or completeness of any information or data provided regarding underground utilities or facilities. 4.3 SUPERVISON & LABOR 4.3.1 Contractor shall supervise, direct and inspect the Work using Contractor's best skill and attention. Contractor shall enforce discipline and order at the Work site. Contractor shall be solely responsible for the means, methods, techniques, sequences, and procedures of construction 4.3.2 Project Manager. To ensure that the work will be performed to the requirements of the Contract Documents, Contractor shall, at all times during the progress of the Work, assign and keep a competent Project Manager satisfactory to the Owner. The Contractor shall advise the Owner and Engineer /Architect, in writing, within ten (10) calendar days after the date of Owner's issuance of a Notice to Proceed, the name and local address of the Project Manager who will be in responsible charge of the project, together with the extent of his authority to represent and act on behalf of the Contractor, along with the Project Manager's cell phone number. In the event the Contractor must replace the Project Manager during the pendency of the Project, Contractor shall, unless otherwise impossible, give Owner at least ten (10) calendar days prior notice of such replacement and advise Owner of the name and cell phone number of the new Project Manager. The Contractor will ensure that Owner and Engineer /Architect shall be able to reach the Project Manager at his cell phone number at all working hours and during emergencies. The Project Manager shall represent the Contractor in his absence and all notices and directions given to him shall be binding as if given to the Contractor. Important directions shall be confirmed on written request in each case. At any time Owner may request and Contractor shall replace the individual performing as Project Manager with an individual acceptable to Owner. 4.3.3 Labor. Contractor shall employ only competent," skilled and suitably qualified personnel to perform the work. Contractor shall remove from the jobsite any personnel of Contractor or subcontractors who is unfit or not properly skilled in the tasks assigned to him, or working in violation of any provision of the Contract. Contractor and all subcontractors shall be bound by and comply with all applicable Federal, State and local laws regarding labor. 4.3.4 Hours. Except as otherwise required for safety or protection of persons or the Work, or adjacent property, and except as otherwise provided in the Contract Documents, all Work at the project site shall be performed Monday through Friday, 8 am to 5 pm. If the Contract Documents specifically required work to be performed beyond normal working hours, weekends or legal holidays, or should the completion time required work to be performed at said times, or should the Contractor, with the Owner's permission, elect to perform work at said times, any additional costs resulting from working at said times are the Contractor's sole responsibility. All work performed after regular working hours, on Sundays or legal holidays, shall be performed without additional expense to Owner. 4.4 MATERIALS & EQUIPMENT. 4.4.1 Unless otherwise stipulated, the Contractor shall provide and pay for all materials, labor, tools, equipment, services, transportation, and other facilities necessary for the execution and completion of the Work. 4.4.2 Unless otherwise specified, only new, unused materials, equipment and items of recent manufacture, of designated quality, free from defects, will be accepted. All workmanship will be of good quality. Contractor shall, if requested, furnish evidence satisfactory to the Owner as to the kind, quality and manufacturer ITS 14 -15 -134 39 ITB Rev. 4 -08 of materials. Owner will be the final authority for determining conformance of workmanship, materials, equipment and systems with the requirements,of the Contract Documents. 4.4.3 No work defective in construction or quality, or deficient in meeting any requirement of the Contract Documents, Construction Drawings or specifications, will be acceptable regardless of Owner's failure to discover such defects during construction; nor will inspection by the Engineer /Architect relieve Contractor from ensuing the quality of the Work as required by the Contract. No payment, whether partial or final, shall be construed as an acceptance of defective or unacceptable work or improper materials and equipment. 4.4.4 Approved Materials. Owner's Approved Materials List is found at www.cityofwpb.or4 /engineering/ 4.4.5 Samples. Where samples are required, samples shall be submitted by and at the expense of Contractor. Materials represented by such samples shall not be manufactured, delivered to the site or Incorporated into the Work without such review. At least 21 calendar days shall be allowed for Owner's review. 4.5 SUBSTITUTION. 4.5.1 Substitutions are changes in materials, equipment, methods or sequences of construction, design, structural systems, mechanical, electrical, or other requirements of the drawings or specifications. The naming of a specified product of specific manufacturers for equipment or materials in the specifications or Contract Documents shall be interpreted as establishing a minimum standard of quality and performance. It shall not be construed as eliminating the selection of other than the named equipment or materials equal to those specified, unless the, equipment or materials are specifically designated as not permitting substitution. If Contractor objects to equipment or materials specifically designated as not permitting substitution as not being suitable for the Work, Contractor shall promptly notify Engineer /Architect in writing, absent which, Contractor shall be deemed to accept the suitability of such equipment or materials for the work. Contractor shall provide written justification and explanation of the objections. Upon receipt of a timely objection notice, Engineer /Architect shall review the objection and render a determination to Contractor of whether a substitute will be permitted. 4;5.2 Contractor may make substitutions only with the consent of Owner, after evaluation by the Engineer /Architect, and in accordance with a change order or construction change directive, The burden of proof that such an item offered is equal in all respects to that specified shall be Contractor's. By making a request for substitution, the Contractor represents: - Contractor has investigated the proposed substitute item, material and /or process and determined that it is equal or superior in all respects to that specified; - That such item will fit into the space allocated; - That such item affords comparable ease of operation, maintenance and service; - That the appearance, longevity and suitability for the climate are comparable; - That by reason of costs savings, reduced construction time or similar demonstrable benefit, the substitution of such item will be in Owner's interest; There will be no detrimental impact to the project schedule; - That the Contractor will provide the same or better warranty for the substitute item as the specified item; - That the cost data presented at the time of request for review is complete and includes all related costs under the Contract, including costs for review by design professionals, and Contractor waives all other claims for additional costs related to the substitution that are not presented with the request. 4.5.3 All requests for substitutions shall be in writing, with supporting information, shall be submitted by and at the expense of Contractor. Contractor shall submit drawings, samples, data and additional information as may be required by Owner or Engineer /Architect. At least 30 calendar days shall be allowed for Owner's review. 4.5.4 The above representations do not obligate Owner to consent to the substitution. Owner or its Engineer /Architect shall snake the determination as to the acceptability of any substitution. Approval of a substitution shall not relieve Contractor from the responsibility for compliance with all requirements of the Contract, Contractor shall coordinate the change with all trades and bear the expense for any changes in other parts of the work caused by any substitution. 4.5.5 Contractor may make only two requests for substitution in the same category. Contractor shall be invoiced the expenses incurred by Owner for its design professionals in reviewing additional substitution requests ITB 14 -15 -134 40 ITB Rev. 408 or in modifying any of the Contract Documents to accommodate the substitution, unless otherwise approved by Owner. 4.6 QUALITY ASSURANCE 4.6.1 Contractor shall develop, implement and maintain a plan for the Work with quality assurance and management and control of the construction services. Contractor shall maintain a continuous presence at the Work site and an adequate inspection system and perform such inspections as will assure that the Work performed conforms to the requirement of the Contract Documents. 4.6.2 Contractor shall allow the Engineer /Architect full access to the Work for inspection of the Work. When requested by Engineer /Architect, the Contractor shall meet with Engineer /Architect at reasonable times and furnish all information requested. Neither Owner nor Engineer /Architect shall be liable to Contractor for compensation or claims for delay or interference on account of any such meeting, or the supply of information, or tests or inspections. The activities of the Owner and /or the Engineer /Architect in administration of the Contract or in performing tests or inspections shall not relieve the Contractor of its obligations to perform the Work in accordance with the Contract Documents. 4.6.3 Warranty. Contractor warrants to Owner that the Work will conform to the requirements of the Contract Documents and will be free from defects. Work, materials or equipment not conforming to these requirements may be considered defective. Contractor's warranty excludes remedy for damage or defect caused by abuse, alterations to the Work not executed by Contractor or subcontactors, improper or insufficient maintenance, improper operation or normal wear and tear and normal usage. Warranty by the Contractor shall not be construed as a waiver by the Owner of any other remedy. 4.7 PERMITS AND FEES. 4.7.1 All permits or licenses necessary for the performance of the Work or required by law or ordinance, including building permits, shall be secured, maintained, and paid for by the Contractor, unless otherwise provided in the Contract Documents. Contractor shall be responsible for all governmental fees, including but not limited to utility fees and connection fees. 4.7.2 Building Construction. For construction of a building, Owner shall be responsible for all City of West Palm Beach construction plan and permit review fees 4.7.3 Surface and Subsurface Water. Contractor shall obtain all permits required from each applicable regulatory agency with respect to the control of surface and subsurface water by Contractor during the work, with copies submitted to Owner, unless otherwise provided for in Supplemental Conditions. 4.7.4 Inspection Fees. Contractor shall be responsible for all inspection fees charged by regulatory/governmental agencies. 4.7.5 Right -of -Way Permit. For street and utility construction and as otherwise applicable, Contractor shall obtain a City of West Palm Beach right -of -way permit for each required road closure. Contractor shall submit detailed Maintenance of Traffic (MOT) plans, signed and sealed by a professional engineer, for each phase of the Work. During the times Contractor is working in the project area, Contractor shall utilize flagmen, traffic control devices and variable message boards on a full time basis, where and when needed, to facilitate the movement of traffic along and around the project Work. All MOT plans shall be reviewed and approved by Owner prior to implementation of work by Contractor. Contractor shall not close or obstruct any highway, road or other property until the necessary permits have been obtained. 4.7.6 Contractor shall immediately remedy any permit violations and shall be responsible for any damages, remediation, fines or penalties assessed by such agencies for permit violations. 4.8 NOTICE TO PROCEED, SCHEDULE; DELAYS 4.8.1 Notice to Proceed. Contract times will commence to run on the date indicated in the Notice to Proceed issued by Owner, unless otherwise provided in the Contract Documents. ITB 14 -15 -134 41 ITB Rev. 4 -08 4.8.2 Commencement of Work. If a performance /payment bond(s) or public construction bond is required by the Contract` Documents, Contractor may not commence any Work until Contractor has provided Owner with a certified copy of the performance /payment bond(s) evidencing that such bond(s) have been recorded with the Clerk of the Court in the Public Records of Palm Beach County. 4.8.3 Proiect Schedule. Within ten (10) calendar days after the date of the Owner's issuance of a Notice to Proceed, the Contractor shall prepare and submit to the Owner and to Engineer /Architect, for review and approval, a project schedule utilizing the Critical Path Method (CPM) graphically depicting the activities contemplated to occur as a necessary incident to performance of the work required to complete the project, showing the sequence in which the Contractor proposes for each such activity to occur and duration (dates of commencement and completion, respectively) of each such activity. The construction schedule shall be complete in all respects, covering approvals, mobilization and demobilization, construction and Owner occupancy, in addition to activities and interfaces with other contractors at the work site, offsite activities such as design, fabrication, allowance for weather delays (if appropriate), submittals, procurement and jobsite delivery of Contractor furnished material and equipment, and shall have a completion date that corresponds to the Contract Documents. By executing the Contract, Contractor confirms that it is capable of properly completing the Work within the completion date set forth in the Contract Documents. The time limit for the completion of the work as described in the Contract Documents is of the essence of the Contract. 4,8.4 Contractor shall take all actions necessary to remain on schedule, at Contractor's sole cost and expense, including but not limited to: 1. Increase manpower as necessary to eliminate work backlog. 2. Increase the number of working hours per shift, shifts per working day, working days per week, construction equipment, or any combination of the foregoing to recover the schedule. 3. Reschedule the work in conformance with specification requirements. 4.8.5 Testing & Inspections. Contractor must provide a minimum of five (5) calendar days prior notice for specified testing or inspections that are to be performed by Owner or separate contractors. Such notice, testing and inspections shall be included in the Contractor's schedule, 4.8.6 Monthly Construction Schedule. For Projects with schedules exceeding 160 calendar days, or where required by the Contract Documents for shorter duration projects, at the end of each calendar month, Contractor shall prepare a separate construction schedule, formatted to fit in a three -ring binder, to show the actual progress of the Work performed and the occurrence of all events which have affected the progress of performance of the Work already performed or will affect the progress of the performance of the Work yet to be performed, in contrast with the CPM schedule and planned progress of performance of such Work. Each such schedule shall be submitted to the Owner and Engineer /Architect. Failure of the Contractor to prepare and submit the monthly construction schedule(s) as aforesaid shall be sufficient grounds for the Owner to find the Contractor in material default and shall be sufficient cause to terminate the Contract or to withhold payment to the Contractor until a current monthly. schedule is submitted. 4.8.7 Notice of Delay. The Contractor agrees that whenever it becomes apparent from the progress review meeting or CPM schedule that the contract completion date will not be met, the Contractor shall notify the Owner and Engineer /Architect of the delay, in writing, within five (5) calendar days of a commencement of delay or knowledge of a potential delay. The monthly construction schedule does not constitute notice of delay, A breach and default of contract shall result from Contractor's failure to provide the Owner and Engineer /Architect with notice of the delay and failure to take all remedial actions available to recover the project schedule, 4.8.8 Delay. A. Contractor shall not be entitled to an adjustment in contract time or contract price for delays within the control of, or reasonably foreseeable by, Contractor. Delays attributable to and within the control of a subcontractor or supplier shall be deemed to be delays within the control of Contractor, B. Contractor may request an extension of time to the project schedule if Contractor is delayed in the progress of the Work due to causes beyond the control of Contractor and not reasonably foreseeable, including but not limited to, fire, flood, epidemic, terrorist acts, abnormal weather conditions, acts of God, delays of utility owners, any act or neglect of Owner, or by any separate contractor employed by Owner or by any changes ordered in the Work. Abnormal weather conditions are a substantial variation from seasonal average weather conditions occurring for a significant period of time and operations were necessarily affected. Contractor shall support a claim of abnormal weather conditions with local US Weather Bureau climatological report for the ITB 14 -15 -134 42 ITB Rev. 4.08 period involved plus a report indicating the average weather conditions for the past 10 years from the nearest reporting station. C, Contract time will not be adjusted for delay in delivery where the delivery was not properly scheduled or an order was not placed at an appropriate time to allow delivery or an order was improperly placed. D. No time extension will be granted for delays resulting from improper scheduling of Contractor's forces or those of separate subcontractors, E. No time extension will be granted to delays from failure to have shop drawings or samples submitted to the Engineer /Architect in ample time for a review, or from failure to schedule inspections or testing. F. Delays caused by subcontractors will be considered for time extensions only under the same conditions applicable to Contractor. 4.8.9 Extension of Time. The project schedule may only be changed by an executed Change Order. In the event of a claim of delay in the work, by causes beyond Contractor's control and which could not reasonably be foreseen, Contractor must request an extension of the contract completion date in writing and must provide the following information to Engineer /Architect and Owner within five (5) calendar days of commencement of the delay: 1. Confirmation whether all schedule updates, submittals and other conditions of the Contract have been met; 2. Affirmative representation that the delay is beyond the control of Contractor and subcontractors and due to no direct or indirect fault of Contractor. Contractor shall include all documentation to justify the delay. 3. Nature of the delay. 4. Dates of commencement ! anticipated end of delay. 5. Evidence that the delayed work results in a direct delay to the schedule critical path, 6, List of tasks /work affected by the delay. T Anticipated extent of delay. 8. Remedial actions taken to get back on schedule. 9. Recommended action to minimize delay. 10. Confirmation that Contractor has used all the float time available for the work involved in the delay request. 11. Such other supporting information as requested by Owner or Engineer /Architect, Contractor acknowledges that the evaluation of time extensions will be based on the above information.. Owner will not consider a claim for time extension which does not comply with the preceding requirements. 4.8.10 If Owner approves a Change Order extending the Contract time, such extension of Contract time shall extends the project construction schedule and completion date and substantial completion date for such reasonable time as Owner shall determine in the Change Order. 4.8.11 Contractor agrees to complete the Work and project in accordance with the agreed construction schedule, as amended by any approved and duly executed Change Orders. 4.8.12 Waiver. Contractor agrees that failure to timely request a time extension constitutes a waiver by Contractor of such claim for time extension. 4.8.13 Float. Neither the Owner nor the Contractor shall be considered to own the schedule "float" time. 4,8,14 No Dama-ges for Delay: Exclusive Remedy. Contractor expressly agrees that a Change Order for an extension of the project completion date and substantial completion date constitutes its sole and exclusive remedies for efficiency or other related time or impact -based claims (hereinafter collectively "delay ") or for delay attributable to any foreseen or unforeseen condition, or for delays claimed to be the result of active, intentional, knowing or passive interference by Owner, Engineer, or agents of either, and Contractor waives claims for any and all damages which it may suffer by reason of such claims, including but not limited to, lost profits, loss or impairment of bonding capacity, destruction of business, overhead, remobilization or demobilization costs, subcontractor delay claims, supervision, extended unabsorbed home office overhead, increase insurance costs, lost profits on alternate or unperformed contracts. Contractor hereby affirms that an extension of time is Contractor's sole and exclusive remedy. Apart from extension of time, no payment of claim for damages shall be made to Contractor as compensation for damages for any delays in the work, whether such delay is avoidable or unavoidable. ITB 14 -15 -134 43 IT6 Rev. 4 -08 4.9 SURVEY: LINES, GRADES, LEVELS AND DIMENSIONS 4.9.1 The Contractor shall locate and lay out all work from datum and dimension points given on the Construction Drawings. Contractor shall establish and verify lines and grades, levels, elevations and dimensions, as required. Contractor shall take measurements and verify dimensions of existing and new work. Contractor is responsible for the preservation of all lines, points, and elevations furnished and shall bear the expense of resetting same if Contractor or any of its subcontractors move or destroy or render inaccurate any such lines, points and elevations. The Contractor shall provide five (5) calendar days written notice to the Engineer /Architect as to its needs for lines, levels, elevations or dimensions. 4.9.2 If the Contractor, in the course of the work finds any discrepancy between the Construction Drawings and the physical conditions of the site, or any errors or omissions in the specifications or in the layout as given, Contractor shall immediately inform the Engineer /Architect and the Owner, in writing, and the Engineer /Architect will review the same and provide corrective instructions, if any are necessary. Any work done after such discovery, until authorized, will be done at the Contractor's risk. 4.9.3 Survey. Where applicable to the Work, and unless otherwise specified, the Engineer /Architect shall fumish all land survey control points, base lines and benchmarks for the location of the Work. The Contractor shall be responsible for any necessary surveying services, including construction layout and final project record drawings. All survey work shall be performed by an independent, third party surveyor licensed to practice in the State of Florida, hired. by Contractor and surveys shall be signed and sealed. All elevations shall be based on State Plane Coordinates NGVD -29. 4.9.4 For street, utility and other horizontal construction, where Contractor- supplied drawings are required for planning or performance of the Work, such drawings shall include, but not be limited to, matchmarks, erection diagrams and other details such as field connections for installation. Such drawings shall be submitted by and at the expense of Contractor. At least 15 calendar days shall be allowed for review by Owner. If drawings show variations from the Contract requirements, the Contractor shall describe such variations in writing at the time of submission. Review and permission to proceed by Owner does not constitute acceptance or approval of design details, calculations, analyses, test methods or materials developed or selected by the Contractor and does not relieve Contractor from full compliance with the Contract Documents. 4.10 RECORD DOCUMENTS: 4.10.1 Record Set. The Contractor shall maintain at the work site one (1) copy of all permitted Construction Drawings and specifications, marked and kept current, to indicate all field changes, and selections made during construction. Contractor shall at all times give the Owner, the Engineer /Architect and all trades performing at the project, access thereto. The record set shall include: a. Construction Drawings b. Specifications c. Addenda d. Change orders and other modifications to the Contract e. Approved shop drawings, product data, and samples f. Permits 4.10.2 The Record set and As -Built Construction Drawings shall neatly, correctly and accurately show all changes made during construction from the Contract Documents and shall reflect surveyed information. The indicated revisions shall be neat and legible. 4,10.3 Final As -Built Documents. Prior to final inspection, Contractor shall provide Owner with "Record" or final "as- built" Construction Drawings and specifications, including all documents listed above, and which comply with the following requirements: - One complete set of mylar or paper marked -up as -built construction drawings with "RECORD" or "AS BUILT" clearly printed on each sheet and signed by Contractor; -One complete paper set of marked -up specifications with "RECORD" or "AS- BUILT" clearly printed on the cover. - One electronic copy of all documents, signed and sealed drawings and specifications in ".pdf' format; - As -built survey, where applicable, prepared by an independent third party land surveyor registered with the State of Florida on State Plane Coordinates certifying the elevation and location of improvements; ITB 14 -15 -134 44 ITB Rev. 4 -08 - For street, utility and other horizontal construction, certified drawings showing horizontal and vertical locations, lines and grade of buried pipe line(s) four (4) inches or larger in diameter and exterior to buildings, and other buried facilities (e.g. valves, tanks, vaults, storm inlets, ducts, etc.) installed or discovered as a result of the Work and which comply with Owner's Final Record Drawing Requirements found at www.citvofwpb.or.q/engineering /. - For street, utility and other outdoor horizontal construction, certified drawings showing building corners, sidewalks, paved areas and the location of all above ground structures within the project site. - A list of each piece of equipment incorporated into the Work having an individual value of $500 or greater. The list shall include, at a minimum, manufacturer, make and model number, catalog number, supplier, quantity installed, and value of equipment, and operation and maintenance manuals and warranties where appropriate for such equipment. 4.10.4 Final pay request and connections to any existing utility main will not be approved until final as- built drawings are reviewed and accepted by Engineer /Architect. 4.11 WORK SITE 4.11.1 Access. Contractor's access to the site and storage areas shall be as shown on the Construction Drawings and as designated by the Owner, Access routes may also be used by Owner and its employees and other contractors. No other access points shall be allowed unless approved by the Owner. All contractor traffic authorized to enter the site shall be experienced in the route or guided by contractor personnel. The Contractor is responsible for immediate cleanup of any debris deposited along the access route as a result of its construction traffic. In the event the Owner provides conditions or reasonable restrictions on the use or access to the lands upon which or adjacent to which the work is to be done, Contractor shall comply with all such conditions or restrictions. Any delay in the furnishing of these lands by the Owner shall be deemed proper cause for an equitable adjustment in both Contract price and time of completion. 4,11.2 Owner Access. Owner, and its duly authorized employees, the Engineer /Architect, and representatives of all governmental agencies having jurisdiction over Work areas or any part thereof, shall, at all reasonable times, have access to such areas and the premises used by Contractor. Contractor shall also arrange for Owner and Engineer /Architect to have access at all reasonable times to all places where equipment or materials are being manufactured, produced or fabricated for use under the Contract. 4.11.3 Contractor Area: Staging Area: Storage. Contractor's work area on the job site will be assigned by Owner. Contractor shall confine its office; storage, assembly, equipment and parking, as appropriate, to the areas so assigned. The Contractor shall identify, at the pre - construction meeting, proposed locations for secure storage areas for materials, equipment, employee and subcontractor parking, and, where applicable, staging areas, construction trailers, etc. The use of private property shall be at the cost of the Contractor. Contractor shall provide evidence of the property owner's agreement to use said property to the Owner. As a condition of final payment, Contractor shalt provide Owner with written release from the property owner advising that the property owner has no claims against Contractor arising out of Contractor's use of the private property. 4.11.4 Delivery Unloading & Storage, Contractor shall, at its expense, receive, unload, and store in a secure place, all materials, plant and equipment required for the performance of the Contract. Any material and equipment to be stored outside which are subject to degradation by outside exposure shall be stored in a weather -tight enclosure provided by Contractor at its expense, Where necessary, delivery of materials, plant or equipment from off -site storage to the work site shall be at Contractor's expense. 4.11.5 Utilities. Unless otherwise provided in the Contract Documents, Contractor shall, at its expense, arrange for, develop and maintain all utilities in work areas, including, but not limited to: construction power, water as required throughout construction, and telephone service, if needed. Prior to final acceptance of the work, Contractor shall, at its expense, remove all temporary utilities. 4.11.6 Sanitary Facilities. Where required by the work site, Contractor shall provide and maintain daily adequate sanitary facilities for the use by the Contractor's labor force. 4.11.7 Fire Protection. All necessary precautions to avoid and eliminate fire hazards shall be the responsibility of the Contractor. Contractor shall provide portable fire extinguishers, properly labeled, located and compatible with the hazard of each work area and shall instruct personnel in their use. ITB 14 -15 -134 45 ITS Rev. 4.08 4.11.8 Illumination. When required, Contractor shall, at its expense, provide artificial light sufficient to permit work to be carried on satisfactorily and safely. 4.11.9 Dust Control. Contractor shall, at its expense, take measures to minimize the amount of dust created by construction activities. For street, utility and other horizontal construction, this requirement applies to all excavations, roads, plant sites, borrow areas and all other work areas. Code - required or industry- accepted methods of dust control suitable for the area involved and approved by Owner will be permitted. 4.11.10 Noise Control. The Contractor shall make every effort to minimize noises caused by Contractor's operations. Equipment shall be equipped with silencers or mufflers designed to operate with the least possible noise in compliance with Federal, State and local laws and regulations. 4.11.11 Pollution Control. Contractor shall, at its expense, perform its Work so as not to discharge from any source into the atmosphere, or any body of water, or the ground or groundwater, any source, smoke, dust or other contaminants in violation of the federal, state, and local pollution laws, rules, regulations and orders (collectively, the "discharge law "). Contractor shall, at its expense, provide suitable facilities to prevent any such discharges. In the event of a discharge which results in contamination of the site or adjacent properties, Contractor shall immediately notify Owner and the appropriate governmental authority and shall take whatever action is necessary, required by discharge law or desirable to remediate the contamination at Contractor's sole expense. Contractor shall pay all fines, penalties and damages resulting from any such, discharges. Contractor shall indemnify and hold harmless Owner from any expense, tine, penalty, obligation, action or liability resulting from such discharge and remedial( actions. 4.11.12 Existing Utilities and Substructures. For street, utility and other horizontal construction, Contractor shall be responsible for locating existing utilities and facilities prior to commencement of work. Contractor shall contact all utility companies and call SUNSHINE at (800) 432 -4770 at least 48 hours prior to commencement of construction work, so utilities can locate and protect facilities, if required by the utility company, 4.11.13 Florida Lumber. Whenever available, Contractor shall use lumber, timber and other forest products produced and manufactured in Florida provided the price, fitness and quality of such products are equal to substitute products. (F.S. 255.20(3)) 4.11,14 Cutting and Patching. Contractor is responsible for all cutting, drilling, patching, fastening or anchoring of all new and existing construction required to complete the Work. Contractor shall not damage any portion of the Work or existing construction or work of other contractors except with the written consent of Owner and any separate contractor. Contractor shall restore all area to the conditions existing prior to the cutting, drilling, patching, fastening or anchoring, unless otherwise required by the Contract Documents. 4.11.15 Cleaning Up, Upon completion of any portion of the Work, Contractor shall remove at its own expense from Owner's property all temporary structures, equipment and surplus materials not required for later stages of work, rubbish, and waste materials resulting from its operations. Contractor shall clean the site and shall remove stains, spills and other foreign deposits. Contractor shall not burn waste materials at the site, shall not bury debris or excess materials and shall not discharge volatile or other harmful or dangerous materials into the environment. Contractor shall remove temporary protection devices unless otherwise directed by Owner. For street, utility or other horizontal construction, Contractor shall sweep paved areas and rake clean landscaped areas. Any costs incurred by Owner as a result of Contractor's failure to clean up shall be deducted from the contract price. 4.11,16 Debris Disposal. All debris shall be legally disposed of at licensed disposal site(s). Contractor shall make its own arrangements, at its own cost, for the lawful disposal of rubbish and waste materials. If requested by Owner, Contractor shall provide evidence of proper disposal. 4.11.17 Salvage. Owner reserves the right to retain any surplus or salvage materials. Contractor shall store or re- locate any materials to be retained by Owner as directed by Owner. 4.11.18 Water Catchment Area, The City is the owner of the Water Catchment Area located in Palm Beach county, Florida (the "Water Catchment Area "). The Water Catchment Area serves as a natural surface water supply source for the City of West Palm Beach and has been designated as a Class I portable water supply pursuant to the Special Laws of the Florida Legislature, Ch. 67 -2169, as amended, and is protected by State and Federal laws. Grassy Waters Preserve and the M -Canal are part of the City's Water Catchment Area. If the work ITB 14 -15 -134 46 ITB Rev. 408 site is within the Water Catchment Area, Contractor's work an activities in the Water Catchment Area shall in no way be inconsistent with the Special Act or the laws and regulations governing water supply sourest 4.12 PROTECTION OF THE WORK AND PROPERTY. 4.12.1 The Contractor shall be solely responsible for initiating and continuously maintaining adequate protection of all work from damage, loss, theft or damage from whatever cause, and shall take all reasonable precautions to protect the property of the Owner and third parties from damage, theft, injury or loss arising in connection with this Contract. Contractor shall comply with the requirements of the Owner and its insurance carriers and all applicable laws, codes and regulations with respect to prevention of damage. 4.12.2 Contractor shall prepare and maintain accurate reports of incidents of loss, theft or vandalism and shall furnish these reports to Owner within three (3) calendar days of each incident. 4.12.3 For street, utility and other horizontal construction, Contractor shall preserve and protect all cultivated and planted areas and vegetation such as trees, plants, shrubs and grass on or adjacent to the site, which, as determined by Owner, do not reasonably interfere with the performance of the Work. Contractor shall be responsible for damage to any such areas and vegetation and for unauthorized cutting of trees and vegetation. Contractor shall leave all adjacent property in as good condition as it was prior to beginning of the Contract. Where practical, Contractor shall erect a temporary fence around the work site. 4.12.4 For street, utility and other horizontal construction, existing utilities and facilities shall be located prior to commencement of Work. Contractor shall video tape the existing surface conditions of the Work site and adjacent areas before commencing Work, after each discrete portion of the Work and when project is complete. Contractor shall submit two (2) copies of the video tape to the Engineer /Architect prior to submittal for final payment. 4.12.5. Risk of Loss. Commencing on the date of the Notice to Proceed and continuing until final Acceptance of the Work by the Owner, the Contractor shall have full and complete charge and shall bear all risk of loss of, and injury or damage to, the Work performed under this Contract, or any portion thereof, including materials and equipment, and Owner- furnished supplies and equipment, from any cause whatsoever. Contractor shall rebuild, repair, restore and make good any damages, injury, or loss to the work and to the property of the Owner or third parties, except such as may be directly due to errors in the Contract Documents which the Contractor could not have discovered through due diligence, or caused by agents or employees of the Owner, unless such loss or damage would be covered by any policy of insurance maintained by the Contractor. All costs in connection with any repairs or restoration necessary or required as a result of damage shall be borne by Contractor_ 4.13 CONCEALED OR UNKNOWN CONDITIONS, 4.13.1 If Contractor encounters conditions at the site that are (1) subsurface or otherwise concealed physical conditions that differ materially from those indicated in the Contract Documents, or (2) unknown physical conditions of an unusual nature that differ materially from those ordinarily found to exist and generally recognized as inherent in construction activities of the character provided for in the Contract Documents, or (3) are not observable prior to bidding or inferable by the type of construction, the Contractor shall promptly provide written notice to the Owner and Engineer /Architect before conditions are disturbed, and in no event more than three (3) calendar days after first observance of the conditions. The Engineer /Architect will promptly investigate such conditions and, if the Engineer /Architect determines that the conditions are a material difference which will cause an increase or decrease in the Contractor's costs or time required for performance of the Work, will recommend an equitable adjustment in the contract price or contract time, or both. Any such recommended adjustment must be approved, by Owner through issuance of a Change Order to be effective. If the Engineer /Architect determines that the conditions do not materially differ from those indicated in the Contract Documents, or that no equitable adjustment is justified, the Engineer /Architect shall promptly notify the Owner and Contractor in writing, stating the reasons. If either party disputes the Engineer /Architect's determination or recommendation, that party may proceed to mediation as provided in GC 17.7; however, the parties shall mutually agree on an independent third party professional engineer to serve as mediator. 4.13.2 Contractor shall not be entitled to any adjustment in the contract price or contract time if Contractor knew of the existence of such conditions at the time of submission of a bid or becoming bound under the Contract; or the existence of such condition could reasonably have been discovered or revealed as a result of ITB 14 -15 -134 47 ITB Rev. 4.08 any examination, investigation or test of the site by Contractor, as indicated in the Contract Documents, prior to making such commitment; or Contractor failed to give written notice as provided in GC 17.1. 4.13.3 If, in the course of the Work, Contractor encounters human remains or recognizes the existence of burial markers or archaeological sites not indicated in the Contract Documents, the Contractor shall immediately suspend any Work that would affect the remains or sites and shall notify the Owner and Engineer /Architect. The Owner shall take any action necessary to obtain the authorization required to resume Work. The Contractor shall continue to suspend such operations until otherwise instructed by the Owner, but shall continue with all other operations that do not affect those remains or features. Requests for adjustments in the contract price or contract schedule arising from the existence of such remains or features may be made as provided in GC 8.2. 4.14 SAFETY 4.,14.1 Commencing on the date of the Notice to Proceed and continuing until final acceptance of the Work by the Owner, Contractor shall take all necessary precautions for the protection of all persons involved in the Work, the public, and all employees or representatives of Owner. Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. Contractor will provide to each worker on the job site the proper safety equipment for the duties being performed by the worker and will not permit any worker on the job site who fails or refuses to use the safety equipment. All work and all equipment, machinery, materials and tools shall be in compliance with and conform to all applicable laws, ordinance, rules and regulations. 4.14.2 For Work impacting streets and public rights -of -way, Contractor shall provide and maintain flagmen, traffic control devices, barricades, signs and variable message boards on a full time basis, where and when needed, to facilitate the movement of traffic along and around the project Work. All MOT plans shall be reviewed and approved by Owner. 4.14.3 if Owner or Engineer /Architect observe an unsafe or hazardous condition at the Work site, such hazard or safety condition shall be brought to the Contractor's attention. Contractor shall stop Work until such hazard or safety condition is remedied by Contractor. 4.14.4 Hurricane Plan. If any Work is to be performed during hurricane season, Contractor shall provide Owner with Contractor's hurricane plan prior to the commencement of any Work. The hurricane plan shall describe the actions to be taken to secure the work site(s) in the event a named tropical storm or hurricane is predicted to affect the project work area. Contractor shall abide by Owner's requirements, Required Storm Preparation Process, found at www.cityofwpb.org /engineering /. 4.14.5 Explosives and Hazardous Materials. Contractor shall obtain all required federal, state and local permits and licenses and shall be responsible for the safe and proper handling, transportation, storage and use of any explosive or hazardous material brought onto or encountered within the site. The Contractor will notify the Owner immediately if explosive or hazardous materials are encountered on the site. Contractor shall maintain and post as necessary, Material Hazard Data Sheets for all applicable hazardous materials used in the course of the Work. In the, event that hazardous material is improperly handled or stored by the Contractor or its, sub- contractors, which results in contamination of the site, Contractor shall immediately notify the Owner and the appropriate governmental authority and shall take whatever action is necessary, required by law, regulation or order, or desirable to remediate the contamination at the Contractor's sole cost and expense. Contractor shall indemnify and hold harmless the Owner from any expense, fine, penalty or obligation, action or liability resulting from such contamination and remedial actions. 4.15 PROGRESS: REPORTING 4.15.1 Weekly Reporting: Copies of all daily reports prepared by the Contractor and his subcontractors shall be submitted to the Owner on a weekly basis for the preceding seven (7) calendar days. 4.15.2 Bi- Weekly Reporting: Contractor shall be required to submit to Owner, on a bi- weekly basis, two (2) copies of 8 1/2 "x 11" color photographs indicating the progress of the Work over the preceding 14 days and identifying the dates that the Work shown was performed. 4.15.3 Progress Meetings, The Contractor shall, at its expense, attend any and all meetings called by the Owner to discuss the Work under the Contract. The Owner, or its'Engineer /Architect, will distribute typed (TB 14 -15 -134 48 ITS Rev. 4 -08 minutes of each meeting to all attendees. Failure of Contractor to promptly object to the typed minutes shall constitute Contractor's agreement with the content of the typed minutes. 4.15.4 If at any time Contractor's actual progress is inadequate to meet the completion time requirements of.the Contract and this lack of progress is the sole fault of the Contractor, Owner may so notify Contractor who shall thereupon, at its expense, take such steps as may be necessary to improve its progress to meet the approved schedule. If within a reasonable period as determined by Owner, Owner determines that Contractor is not prosecuting its work with such diligence as will assure completion with the times scheduled and Contractor fails to take reasonable actions to timely cure, Owner may declare a default of the Contract. 4.16 SHOP DRAWINGS, SAMPLES AND SUBMITTALS 4.16.1 Contractor shall prepare and keep current for Engineer /Architect's approval, a schedule of submittals which is coordinated with the Contractor's construction schedule and allows the Engineer /Architect reasonable time to review submittals. 4.16.2 Contractor shall approve and submit to the Engineer /Architect those shop drawings, product data, samples and similar submittals required by the Contract Documents with reasonable promptness and in such sequence as to cause no delay in the Work or in the activities of separate contractors. Contractor shall perform no portion of the Work for which shop drawings, product data, samples or other submittals are required by the Contract Documents until such submittal has been reviewed and approved by Engineer /Architect. 4.16.3 Contractor represents by submitting the shop drawings, product data, samples and similar submittals that Contractor has reviewed them for conformance to the Contract Documents, and verified the materials, measurements and field criteria related thereto. 4.16.4 Contractor shall not be relieved of responsibility for conformance to the Contract Documents by Engineer /Architect's approval of show drawings, product data, samples or similar submittal, unless Contractor has specifically informed Engineer /Architect of such variance or deviation at the time of submittal and either: (i) the Engineer /Architect has given written approval of the specific deviation as a minor change in the Work; or (ii) a Change Order or Constructive Change Directive authorizing the deviation has been issued. Engineer /Architect's approval does not relieve Contractor of responsibility for errors or omissions in shop drawings, product data, samples or similar submittals. 4.16.5 Contractor shall make any corrections to the submittal required by Engineer /Architect and shall resubmit revised submittals for review. Contractor shall direct specific attention, in writing, to any revisions other than the corrections called for by Engineer /Architect on previous submittals. In the absence of such written notice, Engineer /Architect's approval does not apply to such unidentified revisions. GC 5 INSPECTION & TESTING 5,1 INSPECTION. 5.1.1 Access for Inspection. Owner, Engineer /Architect and their representatives shall at all times have access to the Work whenever it is in preparation or progress. Contractor shall give the Engineer /Architect timely notice of its readiness for inspection when the Contract Documents or applicable laws, ordinances, or any public regulatory entity require any Work to be inspected by the Engineer /Architect. 5.1.2 Regulatory Inspection by City. Should Contractor require inspection by City staff, in its regulatory capacity, on days the City is closed for regular business or after 3:30 pm on regular work days, Contractor shall be required to reimburse the City for staff overtime or additional costs. 5.2 TESTING. 521 If the Contract Documents or applicable laws, ordinances, or any public regulatory entity require any Work to be specially tested or approved, Contractor shall make arrangements for such tests or inspections with an independent testing laboratory or entity acceptable to Owner and shall give the Engineer /Architect timely notice of the date fixed for such testing. Contractor shall be responsible for all costs of testing, inspections and approvals. Tests and inspections shall be made promptly to avoid delays in the Work. ITB 14 -15 -134 49 ITB Rev. 408 5.2.2 Unless otherwise provided in the Contract Documents, shop testing of material, equipment or Work shall be performed by Contractor at its expense and in accordance with the technical specifications. Contractor shall furnish samples as requested and shall provide reasonable assistance and cooperation necessary to permit tests to be performed on materials or work in place, including reasonable stoppage of Work during testing. 5.2.3 If any Work should be covered up prior to any required inspection or test by Owner or Engineer /Architect, it must be uncovered for inspection and properly restored at Contractor's expense. If any Work not required to be inspected or tested is covered up and Engineer /Architect specifically requests to inspect such Work, Contractor shall uncover such Work. If such Work is in accordance with the Contract Documents, the costs of uncovering and replacing the Work shall be at Owner's expense, by appropriate Change Order. If such Work is not in accordance with the Contract Documents, the costs of uncovering and correction shall be at Contractor's expense. 5.2.4 Should tests in addition to those required by the Contract Documents be desired by Owner, Contractor will be advised in reasonable time to permit such additional testing at Owner's expense, unless additional tests are required due to Contractor's Work or materials having failed any initial test. 5.3. If inspection or testing reveal failure of portions of the Work to comply with the Contract Documents or applicable laws, all costs as a result of such failure, including those of repeated testings and compensation for Engineer /Architect's services and expenses shall be at Contractor's expense. 5.4 Required certificates of testing, inspection or approval shall be secured by Contractor and delivered promptly to Engineer /Architect, unless otherwise provided by the Contract Documents. GC 6 CORRECTION OF WORK 6.1 DEFECTIVE MATERIAL, EQUIPMENT OR WORKMANSHIP. If any material, equipment or workmanship is determined by Owner or Architect/Engineer, either during performance of the Work, during final inspection or during the warranty period, to be defective or not in compliance with the Contract Documents, Owner shall notify Contractor in writing that such material, equipment or Work is rejected and Owner reserves the right to withhold payment on any such item. Contractor shall commence correction of the Work within seven (7) calendar days of written notice by Owner. Contractor shall, at its own expense, immediately remove and replace or correct such defective material, equipment or Work by making the same strictly comply with all requirements of the Contract Documents. All costs of correcting such rejected Work, including additional testing and inspections, uncovering and replacing, and compensation for Engineer /Architect's services and expenses, material, equipment, clean up, debris removal, and safety precautions, shall be at Contractor's expense. If correction of the Work requires damaging work completed by other contractors, Contractor shall be responsible for the costs to replace such work. 6.2 WARRANTY. Contractor further agrees to correct all Work found by Owner to be defective or not in conformance with the Contract Documents for a period of one year from the final certificate of occupancy for the project (or if no certificate of occupancy to be issued, within one year of substantial completion) or for such longer periods of time as may be set forth with respect to specific warranties contained in the specifications. Owner or Engineer /Architect shall provide Contractor with written notice of non - conformance. If Contractor fails to correct non - conforming Work within a reasonable time after receipt of notice, the Owner may correct the Work. 6.3 ACCEPTANCE OF NON - CONFORMING WORK. If Owner deems it inexpedient to correct Work that has been damaged or that was not performed in accordance with the Contract Documents, Owner may accept such non - confirming work and an equitable deduction from the contract price shall be made for such work. Contractor shall warrant the accepted but non - conforming work in accordance with GC 6.2. 6.4 The Contract Documents and the obligation of Contractor to perform corrective Work survive final completion of the Work and final payment. 6.5 OWNER'S RIGHT TO CORRECT OR COMPLETE WORK. If Contractor should neglect to prosecute the Work diligently in accordance with the Contract Documents, or fail to correct defective or nonconforming Work, or fail to perform any provisions of the Contract Documents, Owner may, after ten (10) calendar days written notice to Contractor and opportunity to cure, make good these deficiencies and may deduct the cost thereof from payment due Contractor. A deductive. Change Order shall be issued for the Owner's reasonable costs of ITB 14 -15 -134 50 ITB Rev. 4 -08 correcting or completing the Work, including Owner's expenses and compensation for Engineer /Architect's services and expenses. The Change Order amount shall be subject to review and approval by Engineer /Architect. If payments due to Contractor are not sufficient to cover the Change Order, Contractor shall pay the difference to Owner. Owner's correction of the Work and acceptance of a deductive Change Order shall be without prejudice to any other remedies Owner may have. GC 7 WORK BY OTHERS AT SITE 7.1 Owner reserves the right to perform construction or operations related to the Project with the Owner's own forces, and to award separate contract in connection with other portion of the Project or other construction or operations on the site. 7.2 Where the Owner is utilizing its own forces or multiple contracts for the Project, Contractor shall provide reasonable advance notice to Owner and other contractors regarding the Project Schedule and the portions for work to be performed by them. Contractor shall coordinate its construction and operations with Owners and other contractors performing work on the Project. 7.3 If part of the Contractor's Work depends for proper execution or results upon construction or operations by the Owner or a separate contractor, the Contractor shall, prior to proceeding with that portion of the Work, promptly report to the Engineer /Architect apparent discrepancies or defects in such other construction that would render it unsuitable for such proper execution and results. Failure of the Contractor so to report shall constitute an acknowledgment that the Owner's or separate contractors completed or partially completed construction is fit and proper to receive the Contractor's Work, except as to defects not then reasonably discoverable. 7.4 Contractor shall reimburse the Owner for costs incurred by Owner payable t a separate contractor because of Contractors delays, improperly timed activities, damage to the other contractor's work or defective construction. Owner shall be responsible to Contractor for costs incurred by Contractor because of a separate contractor's delays improperly timed activities, damage to Work or defective construction. 7.5 If a dispute arises among Contractor and other contractors on site as to the responsibility to maintain the premises, correct work, clean up or take any other action, Owner may take the necessary action and Engineer /Architect will assess the costs to those deemed responsible by Engineer/Architect- GC 8 CHANGES IN THE WORK 8.1 Owner, without invalidating the Contract Documents may order written additions to or deductions from the Work, the contract price being adjusted accordingly. 8.2 REQUEST FOR CHANGE ORDER. If Contractor believes that a variation or change justifies a modification in the contract price, Contractor may submit a request for Change Order at its expense. If a request for Change Order is made, Contractor is not authorized to vary the Work unless a written Change Order is executed by Owner or written Construction Change, Directive is issued by the Engineer /Architect and executed by Owner, No Change Order shall be valid unless executed by the authorized signatory of Owner. 8.3 NOTICE TO ENGINEER /ARCHITECT. Contractor shall notify the Engineer /Architect in writing within seven (7) calendar days of any occurrence which, in the opinion of Contractor, entitles it to claim an adjustment of the Contract price or a time extension, absent which notice, Contractor shall have waived such claim. The Engineer /Architect will provide a response to Contractor and Owner with respect to a request for change order within a reasonable amount of time after receipt of Contractor's notice and all necessary backup information required by Engineer /Architect to formulate a response. 8.4 The Engineer /Architect shall not be authorized to bind Owner to change in contract price or contract time. 8.5 CHANGE ORDER. 8.5.1 Execution of any change order by the parties shall constitute a final settlement and release by Contractor of all matters relating to the claim or change in the Work which is the subject of the change order, including, but not limited to, all direct and indirect costs associated with such change and any and all adjustments to the contract price and the contract time, ITB 14 -15 -134 51 ITB Rev. 4 -08 8.5.2 Any change order approved due to price change in materials shall not include a premium, profit or any other additional cost. 8.5.3 A bond rider from the surety shall be submitted to the Owner with each change order that increases the contract price. 8.5.4 The number of change orders to the Contract submitted by Contractor may be considered by Owner in considering other subsequent bids submitted by Contractor. Excessive change orders may also result in suspension from the Owner's future procurements. The determination of excessiveness shall be made solely by Owner considering the scope of work, schedule of bid items, contract price, unforeseen circumstances, and reasons for any change orders. 8.6 CONSTRUCTIVE CHANGE DIRECTIVE, If a change order is not yet approved or cannot be agreed upon, Contractor is authorized, upon issuance of a written construction change directive (CDD) prepared by the Engineer /Architect and approved by Owner, to proceed with such change. If a construction change directive provides for an adjustment to the contract price, the adjustment shall be calculated as follows: - Unit prices as stated in the Contract Documents - Labor at the prevailing hourly basic rates plus applicable multipliers for overtime, weekend and holidays, plus applicable taxes. Mark up on labor is not permitted. Labor shall not include supervision above the project manager. - Net actual costs of materials including sales tax. - Rental costs of machinery and equipment, excepting hand tools, including fuel. - Reasonable overhead and profit, not exceeding fifteen percent (15 %) inclusive of bond rider, permits, insurance, overhead and profit, supervision and general conditions. Or by mutual acceptance of a lump sum properly itemized and supported; Upon approval by Engineer /Architect and Owner as to any adjustments to the contract price and /or contract time for changes performed under a CDD, such approval shall be recorded by the preparation of a Change Order. Contractor shall not seek payment for work performed pursuant to a CDD until it has been converted to a Change Order. Each CDD shall have a separate change order. 8.7 8.8 MINOR CHANGES IN WORK. Engineer /Architect shall have the authority to order minor changes in the Work, by written direction to Contractor, which do not involve adjustment to the contract price or contract time and which are not inconsistent with the intent of the Contract Documents. A subsequent Change Order shall be executed. 8.9 OWNER'S RIGHT. The Owner reserves the right to perform the requested changes in the Work with its own forces, or to contract with others to perform the changes, GC 9 COMPLETION 9.1 REQUIREMENTS PRIOR TO SUBSTANTIAL COMPLETION. When Contractor considers the Work to be substantially complete, Contractor will submit to Engineer /Architect, the following items which shall be completed as a condition precedent to Substantial Completion and prior to notice by Contractor of Substantial Completion: A. All general construction completed and the project components shall be clean and all systems fully functional. B. All mechanical and electrical work substantially complete, fixtures in place, connected, cleaned, fully functional and ready for use. C. All electrical circuits shall be scheduled in panels and all panels and disconnect switches properly labeled. D. Project site shall be cleared of Contractor's excess equipment and /or supplies and material. ITB 14 -15 -134 52 ITB Rev. 4 -08 E. Record drawings and specifications meeting the Owner's requirements shall be delivered to Engineer /Architect. The above are also conditions for Final Completion. 9.2 NOTICE. Contractor shall notice Owner and Engineer /Architect when Contractor considers the Work, or a portion thereof which Owner agrees to accept separately, is substantially complete and shall request an inspection. 9.3 SUBSTANTIAL COMPLETION. 9.3.1 If after inspection, the Engineer /Architect finds that the Work is substantially complete, Engineer /Architect shall issue to Owner and Contractor a Certificate of Substantial Completion that shall establish the date of Substantial Completion, 9.3.2 If Substantial Completion is not obtained at the inspection called by Contractor, for reasons which are the fault of Contractor, any additional cost to Owner for the Engineer /Architect for any subsequent inspections for the purpose of determining Substantial Completion shall be the responsibility and expense of Contractor and shall be assessed against the final payment application. 9.4 INSPECTION AND PUNCH LIST. Within three (3) calendar days of Substantial Completion as determined by Engineer /Architect and Owner, a walkthrough with Contractor shall be scheduled. i. The purpose of this walkthrough is to develop a joint final punch list of items necessary to complete the Work, ii. Said punch list shall be prepared, signed by Engineer /Architect and Owner and delivered to Contractor not later than three (3) calendar days after the walkthrough. Engineer /Architect and Owner shall separately list each item of the punch list required for Final Completion. iii. Any dispute over punch list items shall be mediated between Owner and Contractor with Engineer /Architect acting as mediator to develop an agreed punch list signed by Owner, Contractor and Engineer /Architect no later than nine (9) days from the date of the walkthrough. iv. Agreed punch list items shall be corrected and a final inspection requested by Contractor within thirty (30) days from delivery of the agreed punch list, unless a greater time is provided in the contract. All agreed punch list items shall be corrected by Contractor prior to any request for final inspection and acceptance. If the Contract provides for a multi - phased or multi- structure project, a punch list may be developed for each phase or structure. V, In no event may the Contractor request payment of final retainage under Florida Statutes §218.735(7)(e) until the Contractor considers the final punch list to be 100% complete. vi. Contractor acknowledges and agrees that no item contained on the final punch list shall be considered a warranty item until such time as (a) the final punch list is 100% complete, and (b) Owner has been able to operate or utilize the affected punch list item for an additional period of fifteen (15) calendar days. vii.. Contractor acknowledges and agrees that Engineer /Architect as representative of Owner may, at its option, during performance of the Work and prior to Substantial Completion, issue lists of identified non - conforming or corrective Work for the Contractor to address. The intent of any such Engineer /Architect generated lists prior to Substantial Completion is to attempt to streamline the punch list process upon achieving Substantial Completion, and to allow for the Contractor to address needed areas of corrective work as they may be observed by Engineer /Architect during performance of the Work. viii. Contractor acknowledges and agrees that in calculating 150% of the amount which may be withheld by Owner as to any final punch list item for which a good faith basis exists as to it being complete, as provided for by Florida Statutes §218.735(7)(e), Owner may include within such percentage calculation its total costs for completing such item of work, including its administrative ITB 14 -15 -134 53 ITB Rev. 4.08 costs as well as costs to address other services needed or areas of work which may be affected in order to achieve full completion of the final punch list item. Such percentage shall in no event relate to the schedule of value associated with such Work activity, but rather total costs are based upon the value (i.e. cost) of completing such Work activity based upon market conditions at the time of final punch list completion. ix. The failure to include any Work or pending items not yet completed on the punch list does not alter the responsibility of the Contractor to complete all the construction services and Work purchased under the Contract. 9.5. PUNCH LIST RETAINAGE. Following delivery of the punch list, Contractor shall list the estimated cost of completing each item each item of the punch list required for final completion, and submit the list of estimated costs to Owner for Owner's review and determination. Owner may retain a sum equal to 150% of the estimated cost of correcting and completing the unfinished punch list items, as determined by the Owner. Upon completion of all items on the punch list, Contractor may submit a payment request for all remaining retainage. If a good faith dispute, as determined by Owner, exists as to whether one or more items identified on the punch list have been completed pursuant to the Contract, Owner may continue to withhold up to 150% of the total costs to complete such items(s), as determined by Owner. 9.6 REQUIREMENTS PRIOR TO FINAL INSPECTION. The following items shall be completed as a condition precedent to a request by Contractor for final inspection: 1, Completion of all punch list items recorded from the Substantial Completion inspection. 2. Submittal of any items condition precedent to Substantial Completion that had not previously been submitted. 3. Issuance of all permits and certificates, test certificates, inspections, certificates of occupancy and other approvals and releases by governing authorities required for Owner's occupancy and use of the project. 4. All sets of operation and maintenance manuals and service agreements for all equipment shall have been submitted to Owner, as referenced in the technical specifications. 5. Manufacturers' certifications and warranties and any special guarantees or maintenance agreements shall be delivered to Owner. 6. A complete_ set of "RECORD" or "AS BUILT" drawings, meeting Owner's requirements. Contractor shall sign each final record drawing and note thereon that the final as- builts are complete and accurate. 7. A complete set of marked -up specifications with "RECORD" or "AS- BUILT" clearly printed on the cover. Contractor shall accurately and neatly transfer all deviations from project specifications to final as- builts. 81 A complete set of final shop drawings. 9. For street, utility and other horizontal construction, two copies of the video tape of surface conditions. 10. A signed and notarized affidavit indicating that no asbestos containing materials were used or installed during the course of the Work. 11. A list of each piece of equipment incorporated into the Work having an individual value of $500 or greater. The list shall include, at a minimum, manufacturer, make and model number, catalog number, supplier, quantity installed, and value of equipment. 12. All required spare parts, as well as any special devices and tools and extra stock of materials shall be delivered to Owner. 13. Extra stock of materials or other items paid for by Owner. 14. A deductive change order for any uncommitted contingency or allowance funds has been prepared and submitted in draft. 15. All keys and blanks shall have been provided to Owner. 9,7- FINAL INSPECTION. Contractor shall certify to the Owner and Engineer /Architect in writing that all punch list items have been completed, all requirements for Substantial and Final Completion have been met, and the Work is ready for final inspection. The Engineer /Architect will schedule such inspection with Owner and Contractor. When Engineer finds the Work acceptable under the Contract Documents, completed and all requirements fully performed, Engineer /Architect shall issue a Final Certification to Owner. Should the Engineer consider that the Work is incomplete or defective, the Engineer /Architect will promptly notify the Contractor in writing, listing the incomplete or defective work. The Contractor will take immediate steps to remedy the stated deficiencies and send a second written certification to the Engineer /Architect when the Work is complete. The ITB 14 -15 -134 54 ITB Rev. 4 -08 Engineer /Architect will re- inspect the Work. Should the Engineer /Architect be required to perform re- inspections due to the failure of the Work to meet Contract requirements, the Owner may deduct the additional costs to Owner from the Contractor's final payment. 9.8 OWNER'S RIGHTS. In the event incomplete, incorrect or defective work is not completed to the Owner's satisfaction within twenty (20) calendar days of the Engineer /Architect's notice to Contractor that the Work is not acceptable, Owner may, after ten (10) calendar days written notice to Contractor and opportunity to cure, make good the deficiencies and may deduct the cost thereof from final payment due Contractor. If payments due to Contractor are not sufficient to cover the costs, Contractor shall pay the difference to Owner. Owner's correction of the Work shall be without prejudice to any other remedies Owner may have. 9.9 FINAL AS BUILT DOCUMENTS. Prior to final inspection, Contractor shall provide Owner with "Record" or "as- built" drawings, specifications and documents which comply and Owner's final Record Drawing Requirements found at www,cityofwob.org /engineering/. 9.10 USE OF COMPLETED PORTIONS. Owner shall have the right to take possession of and use any substantially completed portions of the Work. Such use by Owner shall not be construed as constituting. final acceptance, and shall neither relieve Contractor of any of its responsibilities under the Contract, nor act as a waiver by Owner of any Contract Documents provisions; provided that Contractor shall not be liable for any repair or maintenance required due to ordinary wear and tear resulting from such use. However, if; in the opinion of Engineer /Architect, such use increases the cost or delays the completion of remaining portions of Work, Contractor shall be entitled to an equitable adjustment under the Contract. GC 10 PAYMENT 10.1 SCHEDULE OF VALUES. Within ten (10) calendar days after the date of the Owner's issuance of a Notice to Proceed, Contractor shall submit for review and approval of Owner and Engineer /Architect, a schedule of values, by phases of work, to show a breakdown of the contract price for the various portions, of the Work and corresponding to the payment request breakdown' and progress schedule line items. The schedule of values must also show dollar value for each unit of work scheduled. Any Change Orders shall be added as separate line items. This schedule, unless objected to by Engineer /Architect, shall be the basis for reviewing Contractor's applications for payment. 10.2 TAXES. Contractor shall pay all taxes, duties and assessments imposed by law and applicable to the Contract. Contractor is not entitled to Owner's tax exempt status and shall pay all sales taxes. The Contract price shall include all taxes. 10.3 PAYMENT WHERE PERFORMANCE AND PAYMENT BONDS REQUIRED if the Contract requires Contractor to provide Performance and Payment Bonds, or a Public Construction Bond, no payment shall be made by Owner to Contractor until Contractor has provided Owner with a certified copy of the Performance and Payment Bonds, or a Public Construction Bond evidencing that said bond(s) have been recorded with the Clerk of the Courts in the public records of Palm Beach County. 10.4 PAYMENT REQUESTS. Payment requests shall be submitted on AIA Application for Payment forms and shall be signed and notarized by Contractor. Each payment request shall 'Include the following information: 1. Bid Number 2. Contract Number 3. Project Number 4. Project Name 5. Owner's representative/ project manager 6. Detailed estimate and payment request on a standard AIA form, covering the percentage of the total amount of the work which has been completed from the start of the job up to and including the last day of the preceding month, together with quantity and unit prices of materials and equipment utilized. 7, The unit cost of such materials and equipment required in the permanent work as has been delivered to the site and suitably protected but not as yet incorporated in the work. 8. Consent of Surety 9. Verification that certified copy(s) of recorded performance /payment bonds provided to Owner ITB 14 -15 -134 55